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Can I claim against this vehicles insurance???

57 replies

TTCbaby2x · 19/04/2024 19:49

I was on the motorway and the car infront of me had a roofbox on, the roofbox and rack have come off the vehicle and I have drove over a bolt or screw from what I assume was the roof rack and it has caused a puncture to my tire. Can I claim against his insurance for my tire? How do I prove it was a screw from their roofbox? I have his details but will the insurance pay out?

OP posts:
PlantDoctor · 19/04/2024 19:50

Doubt it. Like you say, what proof do you have?

Probably also more expensive and more hassle than just replacing your tyre.

TTCbaby2x · 19/04/2024 19:51

The motorway vehicle services was there and have the details of the incident too... (I don't know if they are police or not but they are the people who recover the items off the motorway)

OP posts:
Helenloveslee4eva · 19/04/2024 19:52

You’ve no chance of proving it was their screw I’m afraid. That’s “ normal road debris “.
worth trying but proof won’t be possible

TTCbaby2x · 19/04/2024 19:57

Do I still not have a chance even if the motorway people have noted it down we swapped details at the scene too?

OP posts:
TTCbaby2x · 19/04/2024 20:48

Can anyone else help? Anyone who works in insurance?

OP posts:
ginag18 · 19/04/2024 20:54

I work in insurance and have done for many years. You will not be able to claim against the other persons insurance for this. There is no way to prove the screw definitely came from the vehicle and also no way to prove the other driver was negligent in anyway.

TTCbaby2x · 20/04/2024 07:09

@ginag18 even though they was cooperative at the scene and handed their details over? In front of the motorway people too who are now witnesses?

OP posts:
PotteringAlonggotkickedoutandhadtoreregister · 20/04/2024 07:13

It’s a new tyre. Even if you could prove it (and you can’t) it’s 100% not worth paying the excess and your premiums going up for the cost of a new tyre.

Heartoverhead1 · 20/04/2024 07:24

I also work in insurance and yes, as this happened directly in front of you, you have their details and you have evidence that the roofbox came off, you could claim. The negligence is in the roofbox not being fitted correctly - roofboxes and roof racks shouldn't just fall off. I've dealt with claims where a tyre has come off a vehicle because it wasn't fitted correctly and it's hit another vehicle.

Rose789 · 20/04/2024 07:24

I work in insurance, in motor claims.
potentially yes your insurer could look to recoup the costs from the third party as there are witnesses and an admission of liability at the scene.
However, it would be noted on your insurance for 5 years as an accident. Even if it is non fault (all costs recovered) that will affect your insurance premiums. There is no set amount but average (not a high risk or young driver) premiums tend to increase from £30-£100 when adding a non fault claim. Even if you just call your insurer to ask them if it would be covered it will be recorded on the database and will be declarable for 5 years and can again impact your premiums.
Personally I would not attempt to claim if it’s only a tyre as you will pay out more in the long run.
I’m sorry that happened though it must have been scary.

Heartoverhead1 · 20/04/2024 07:25

PotteringAlonggotkickedoutandhadtoreregister · 20/04/2024 07:13

It’s a new tyre. Even if you could prove it (and you can’t) it’s 100% not worth paying the excess and your premiums going up for the cost of a new tyre.

If she claims direct off his insurance she won't pay an excess.

Heartoverhead1 · 20/04/2024 07:26

Even if you just call your insurer to ask them if it would be covered it will be recorded on the database and will be declarable for 5 years and can again impact your premiums

Not true. Phoning your insurance company to ask a question will not affect your premium.

Reporting a claim would.

Luckydog7 · 20/04/2024 07:29

I just got my tire replaced on the roadside for £95. I know it's annoying and unfair but is it worth the hassle?

Rose789 · 20/04/2024 07:30

Heartoverhead1 · 20/04/2024 07:26

Even if you just call your insurer to ask them if it would be covered it will be recorded on the database and will be declarable for 5 years and can again impact your premiums

Not true. Phoning your insurance company to ask a question will not affect your premium.

Reporting a claim would.

If you call your insurers claims team and ask a question about an incident that has happened they will record it as a notification only claim because you are notifying them that an incident has occurred.
If you call the customer services team and ask about general levels on your policy and don’t say an incident has happened then it wouldn’t be recorded

rwalker · 20/04/2024 07:37

you could claim but there’s a possibility it would be disputed
and until it’s settled ( they don’t move fast ) if you renew your insurance in the meantime it’s an outstanding claim which can affect your policy

I’d just contact the person with roofbox directly and ask them if they would like to contribute to tyre nothing to loose by asking

TTCbaby2x · 20/04/2024 08:01

Yes it happened in front of me and yes details where swapped at the seen and no disputes where made but if I go through the insurance and the person starts disputing the screw was from their vehicle. Would I win?

OP posts:
TTCbaby2x · 20/04/2024 08:02

The motorway people didn't witness the accident they just witnessed us swapping details and no disputes. Do they still class as a witness?

OP posts:
Alwaysalwayscold · 20/04/2024 08:04

To be honest dealing with punctures, flats etc is just part of owning a car.

Axx · 20/04/2024 08:04

TTCbaby2x · 20/04/2024 08:01

Yes it happened in front of me and yes details where swapped at the seen and no disputes where made but if I go through the insurance and the person starts disputing the screw was from their vehicle. Would I win?

Maybe but your premiums would go up for about 5 years regardless of you being not at fault.

How much was the tyre?

fieldsofbutterflies · 20/04/2024 08:05

Kindly, what would be the point? You'll have an accident on your records you'll have to report for five years and your insurance will go up (I know people say it won't, but it will).

Just get a new tyre fitted and be done with it. It'll be ten times easier and much cheaper too.

TTCbaby2x · 20/04/2024 08:06

@Axx to replace will cost me around £100

OP posts:
Hercules12 · 20/04/2024 08:06

It may be your tyre was close to being replaced anyway. Honestly this isn’t worth the hassle and future expense.

Encyclopediaofnonsense · 20/04/2024 08:07

For the price of a new tyre I wouldn't bother. As a pp said even when you're the "victim" this will cost you more on your insurance premiums for the next 5 years than the price of a tyre.

jobsjkfo · 20/04/2024 08:13

Honestly a new tire over the ball ache and financial repercussions of having to declare you've claimed against the insurance for however many years isn't worth it. I get the frustration though.

shoppingshamed · 20/04/2024 08:17

A similar thing happeed to me although I didn't get the details of the vehicle the debris fell off but even if I had it didn't occur to me that it might be covered by insurance

Punctures like this are an annoying part of driving but relatively low cost to fix

Actually I've remembered a spare of posts on Facebook about loads of drivings getting punctures on a road where a new housing estate was being built.no proof but lots of annoyed drivers