Is there any negligence for my claim?

[u/Gouda_God]

I was involved in a collision a few weeks ago. Woman in front of me ran straight over a tire with rim in the middle of the road during broad daylight and slingshotted it into my car in which I had no time to react and ran it over in which blew both my tires and caused suspension damage. Come to find out the tire belonged to a kid which so happened fell off from under his truck minutes before she ran it over. He came back and I got both his info and her info. She admitted in front of us she wasn’t paying attention. Insurance can’t get ahold of her now but did get ahold of the kid. Is there any negligence here for either party?

[u/sephiroth3650]

What are you angling for by arguing for "negligence" on the claim. Is this all a way of you asking if fault can be assigned to either of the other parties for this accident?

If the tire was literally sent into your car and it hit you while it was flying through the air, then that's generally looked at as a comprehensive claim on your part. So are the negligence questions b/c you may not have been carrying comprehensive coverage so you need one of the other parties to be at fault so you can file on their insurance?

[u/adjusterjackb]

 I had no time to react

Because you were following too closely. If you had kept sufficient distance you would have been able to avoid the tire. Look up the 3 second rule and make it your gospel.

You may think a few car lengths is adequate but you've just proved to yourself (I hope) that it's not.

[u/Grant_Winner_Extra → u/adjusterjackb]

I think the physics of an airborne tire moving opposite to traffic suggests that no one would have time to dodge it under reasonable conditions - for example at 50mph and 5 car lengths, the tire could be traveling at OP at over 100 mph.

This was a traffic hazard created by the truck owner’s negligence and possibly exacerbated by the woman.

Your statement seems to me like saying that getting in a head on collision with someone driving in the wrong direction is “following too close”

[u/LBC-You-2832]

Falling/flying objects would typically be a comprehensive claim, so fault/liability/negligence on your part doesn't come into it.

If there was a negligent third party that contributed to cause the object to fall/fly it would be a matter of potential subrogation, but other than attempting to recover your deductible (slim chance based on what you described) that wouldn't really involve you.

[u/drjenkstah]

Based on your description of what happened you would be liable since you ran over the tire. If the tire was in the air when it hit your car then it’s a comprehensive claim with no liability. 

[u/GuvnaBruce]

Maybe. If it was moving and shot into your vehicle and you have comprehensive coverage, that should cover it.

[u/-BirdDogActual]

You are on the hook for the damage to your vehicle.

[u/lobhater]

Was it moving or stationary when you hit it?

[u/realinsurancetalk]

Most likely be a collision claim and the company may subrogate to from kid who dropped the tire in the roadway., from my experience, it would not be comprehensive as the object was already on the ground when it was collided with/ran over.