What to do if I was driving someones truck home and there was a blow out?

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What to do if I was driving someones truck home and there was a blow out?

We went throug insurance but his insurance is not covering his after market tire and rim. He would like for me to cover the damages done to his tire and rim and also pay the deductible. I do not feel it is my fault that his insurance is not covering these parts. Since I am unwilling to pay, he is threatening to take me to small claims court, do you think he will win?

Asked on December 28, 2012 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A person is generally only responsible for damage to another's property if that person was at fault. Fault means that the person either deliberately damaged it or was negligent (unreasonably careless), such as by driving in a dangerous fashion. If there is no fault, there would be no liability, or obligation to pay. From what you write, he would probably win only if he can show you were driving carelessly in some way, such as by driving too fast (given the vehicle's weight or road conditions), not avoiding visible road debris, etc. If you in fact did nothing wrong in causing the tire to blow you, you should not be liable to pay.


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