Legal Question in Personal Injury in California

I was driving someones truck home and I received a blow out. We went thru insurance but his insurance is not covering his after market tire and rim. He would like for me to cover the damages done to his tire and rim and also pay the deductible. I do not feel it is my fault that his insurance is not covering these parts. Since I am unwilling to pay, he is threatening to take me to small claims court, do you think he will win?

Asked on 12/28/12, 11:54 am

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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Only if he can show that the blowout was your fault. If the tire had deteriorated and was going to fail anyway, the fact that it happened while you were driving does not mean you must bear the cost. But if you caused the blowout -- say, by driving off-road on tires that weren't designed for such use -- then you should pay. If both of these things are true then a court would order you to pay a share of the cost.

Answered on 12/28/12, 12:43 pm

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Mr. Hoffman is basically correct. The insurance issue has nothing to do with it. In fact, if you were at fault the insurance company could pay him and then sue you. If the insurance company declines coverage then he can just sue you directly. The bottom line issue is fault, not insurance. Your fault = you pay. Not your fault = you don't owe for it. Mix of fault = apportionment of the cost based on apportionment of fault.

Answered on 12/28/12, 1:07 pm

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