This may be helpful. It is a discussion I had on WJBK news last year on tires falling off cars and especially trucks and injuring and killing people. http://www.michiganautolaw.com/auto-lawyers-blog/2010/11/10/tv-news-interview-with-fox-2-detroit-tires-falling-off-trucks-causing-preventable-deaths-and-serious-truck-accident-injuries/
Thankfully, it sounds like you weren't injured.
Regarding the car damage part, you will need to go through your own auto insurance company, who will make all payments based upon your own coverage including rental car, etc.
Now, anything that your insurance company does not pay, or anything that you would be out of pocket on, such as your deductible, incidentals, or even the cost of a rental car if you don't have that coverage, you can still claim against the uninsured driver, who has no protection under our law and is not protected by the mini tort since he was uninsured. Your insurance company will also sue the uninsured driver or otherwise seek reimbursement from him or her for everything they pay on this claim. I hope this helps.
This collision appears to have been caused by negligent maintenance of the vehicle. Negligence is covered under your uninsured motorist coverage, which hopefully provides property damage coverage. UM coverage does not have a deductible. I suggest you review your policy and see whether or not you can make a UM claim.
Remember, your insurance company is neither your friend nor your good neighbor. The sole goal of any insurance company is to pay you nothing or as little as possible. If you have doubts about your coverage, I suggest you take your full policy language to an experienced insurance defense attorney and seek further guidance.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
It would likely depend on the policy language (which is subject to interpretation/dispute). Will the other vehicle's insurance pay the deductible? You can sue in small claims court to pursue this matter.
Always consult an attorney IMMEDIATELY as there are time limitations on filing a lawsuit.
I-94 can be a crazy and busy highway. Well, the accident was caused by part of another vehicle during the operation of your and their vehicle. So, I believe there is a very good argument that this accident should be covered under collision. Read the language in your policy. Contradictory or ambiguous language in an insurance policy is suppose to go in favor of the insured policy holder. Comprehensive or collision you should be covered. Also, I agree you can go after this driver for your out of pocket and your insurance company may sue to recover what they paid out. Good Luck!
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