In an incident in Mississippi a tire from an 18 wheeler burst and flipped down the road(not that far) before it struck our car. The insurance company is saying that because it ''touched'' the road it is considered a road hazard and is not their responsibility. Is this a true legal stance or am I being lied to?
1 Answer from Attorneys
Re: Road Hazzard
If you are referring to your insurance, your rights depend on the terms and conditions of your policy and the law interpreting those terms. Additionally, your insurer owes you a fiduciary duty of honesty. If you are referring to the other driver's insurance, the real question is whether the truck owner or other person connected with that tire failed to act as a reasonable and prudent person and damage to your vehicle was reasonable foreseeable. That person's insurer does not owe you any duty.
Ask the insurer to put its position in writing and reference the law on which it is relying. Also, obtain witness statements and keep the tire remnent and pictures of your damages safe for evidence purposes.
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