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Old 03-30-2009, 06:06 AM
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Payton King Payton King is offline
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Default I am an insurance guy and this is the way it works

Something sitting in the road and you hit it, you are at fault. IE ladder laying in the road. If you were following someone and they missed it and you hit it, then they will say you were following too close to the car in front to take action or you were not paying attention. This is the case even if you hit a huge pot hole in the road at night...driving to fast for conditions, etc.

Now if something flys off the truck and hits your car or the road and hits your car it is considered comp not a collison loss...normally the object still has to be moving but not always

Here is where your case is different. It sounds like the guy did not secure his load and the tire fell off his truck and people avoided it...but you. In that case, it is his fault. Obvioulsy the chain of events were such that it had just fallen off even though it may have been at rest when you hit it.

Now had the guy taken off and no witnesses stopped to say it fell off, they would find you responsible.

I know it sucks, but it is the way things work. You will only get a point if you are found to be "at fault." In this case I do not see it.
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