Hit by a van with a blown out tyre
I had an accident caused by a van travelling towards me in the other lane having a tyre blow out. My insurer said that because it was a tyre blow out I cannot claim compensation from the other person and the claim will go down as a fault claim on my insurance. Is this right?
Chris, by e-mail
Answer
Drivers have a duty to ensure that their vehicles are roadworthy. If a vehicle is not roadworthy and that is the cause of an accident then the injured person can claim compensation subject to being able to prove it.
A tyre blowout is different to a punctured tyre. A blowout is a sudden loss of pressure where the tyre is quickly destroyed making a vehicle difficult to control. A puncture involves a tyre slowly losing pressure and the tyre will eventually become flat.
A frequent cause of tyre blowout is under-inflation, made worse if a vehicle is overladen with weight. However it is difficult to prove that a tyre was under-inflated once it has burst. If the opposite tyre is grossly under inflated a court might accept, on the balance of probabilities, that the tyre which blew was also under-inflated and thus the vehicle was not roadworthy and this caused the accident. Alternatively if an examination of the tyre reveals a manufacturing defect then a defective product claim could be considered against the tyre manufacturer. I suggest you investigate this further by writing to the insurer of the car making a claim for compensation. You may need a tyre expert.
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