Who is at fault for this incident / accident?

Question

I was going down the road in my gmc truck and the spare tire thats mounted under the truck fell off and the car traveling behind me hit it.. (the spare tires on these trucks are mounted with a cable and it rusted through and broke) I stopped to help the person, I probably shouldn't have and just left the tire.. now they claim theres $2500 damage done to their car and want me or my insurance company to pay for it. Am I responsible for this because it was my tire? are they responsible because they were following too close to me and hit it? or is GM responsible because they made the faulty spare tire holder?

Answer 1

Your tire your fault.

Answer 2

Your fault.   Your truck,  the rusty cable should have been replaced before now.      You lost a part of your vehicle or cargo.  

And yes,  following too closely is partly to blame.  Use this to negociate the cost down.  

GM not responsible for you unwillingness to maintain your vehicle.

Answer 3

I would think it's looked at as a road hazard. Meaning, it's all on the owner of the other vehicle.

Answer 4

Wow, that's a good one. I can't see how you could be held responsible for this unless it can be proven that the cable broke due to your misuse or mistreatment, or that perhaps you may have stowed the spare tire improperly causing it to fall onto the roadway.

I'd tell my insurance company what happed and let them sort it out with the other guy's insurance company. Also, do an internet search and find out if any other Chevy/GMC truck owners have had their spare tires fall off in a similar fashion, and you might have leverage to get the manufacturer to foot the bill.

In the meantime, this will serve as a lesson to tailgaters why you need to keep adequate following distance in front of you, and why a driver has to maintain a "safety cushion" around their vehicle at all times. It is much easier to swurve around an object in the road than it is to stop. If that driver had been paying attention to his surroundings he could have dodged that tire easily.

You're not responsible just because it's your tire. If it was in the bed of your pick-up (just an example) and it wasn't tied down or secured to anything, and while driving it came out of the pick-up bed, then you would be responsible because you were negligent for not tying it down. If the tire was properly stowed it's not your fault.

I hope it works out in your favor, good luck.

Answer 5

If it fell off your truck then it is down to you...

Where do we start?

     Insecure load?

     Construction and use?

     Failure to maintain a vehicle in a roadworthy condition?

If I were you I'd cough up and be thankful noone was hurt or worse

Answer 6

You are completely held at fault. Anything that comes off of your vehicle is your responsibility entirely.

Answer 7

yup your at fault because its your responsibility to ensure everything is secuarlly attached and wont fall off.

Your negilgent. Sorry.

Answer 8

It will be your fault because all trucks, suv and vans where a winch type cable is used must be maintained on a regular basis, meaning it should be lowered and lube twice a year or it will rust and or break.........most people do not ever do this much less look at the spare tire..

Answer 9

Sorry, but you are.  It would be considered neglegence on your part. You may want to see if you do have a case but I really doubt it. Call Lynn Tillam at KGO.

Answer 10

The tire did come off of your vehicle.....so...you are at fault for this incident.

It doesn't sound like the cable was faulty...it simply rusted through.

It may or may not be tougher for you to prove how far behind you they were...but...the damage from your tire was apparent so....if it could be determined that they were too close...then...who knows....you may get a break..but..it looks like you..or your insurance will be footing the bill on this one.

Answer 11

This is all yours, as it should be.

Answer 12

You haven't provided enough details for an accurate answer.

If the truck was relatively new, GMC would have some liability for a defective product. If the truck was 25 years old it would be your responsibility to maintain it and make sure it was safe. The percentages of liability will be determined by the exact age of the truck, its overall condition, and whether or not the owner's manual included any maintenance requirements for the tire mounting equipment.

The other driver may have some fault for following too closely depending on the speed of both vehicles and the actual distance between them.

Answer 13

The other driver was following too close for conditions.  Obviously, nobody would anticipate a loose spare barreling toward them, but if the driver behind you was allowing a safe minimum distance, they would have been able to avoid the tire.  Look into it, and I'll nearly guarantee that the driver behind you was, according to your state's recommendations, following you too closely.  I rear-ended a woman on I-385 in Greenville, SC who came to a COMPLETE STOP in the middle of a 65 MPH zone.  You guessed it, I was at fault.  I argued that the woman was driving recklessly (which she was), but I was told that I needed to be prepared to stop my vehicle no matter WHAT condition presented itself.  And just because the tire came off of your vehicle doesn't mean you were negligent.  Don't admit any fault whatsoever, even if you think it was your fault.  Let your insurance company handle it.

Answer 14

You pay the auto insurance. Have the insurance take care the problem. I believe is not your fault but its your part of your responsibility cause your tire came off. Should not shown on your driving record cause you didn't hit any car. Let insurance tell you whats going happen.