How should I defend against an auto accident injury claim due to a popped tire?
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How should I defend against an auto accident injury claim due to a popped tire?
On the highway, my tired popped and then I hit a pickup truck next to me. The truck then lost control and hit the dividers next to the highway. Claims for damages has been taken care of by insurance already but over a month later, they started a claim for injuries and totaled truck. What are my options to this claim?
Asked on January 12, 2012 under Personal Injury, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) Refer it to your liability insurerer--they should defend and indemnify you.
2) If you need to defend the matter yourself (for some reason, an insurer is unable or unwilling to defend you), then you focus on the fact that the tire popping was not your fault--you are only liable to the extent you were at fault for an accident. You should seek documentation showing that you performed maintenance; showing that you used the appropriate tires for the vehicle; if you had the tire recently rotated or replaced, you may need to get the mechanic, etc. to testify that it was done properly and the right tire was on the truck; etc. If you an show that you did nothing wrong and there was no reason to think the tire posed a risk or hazard, you should be able to defend against liability.
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