QRM wrote:OK so lets call it the black rubber doughnut bit of a wheel, here a real scenario that happened to a friend...
If you have a crash here would the insurance firm slime their way out of paying because you did not replace or correctly repair the black doughnut?
years ago (late 90s), a delivery man's friend drove, hit and killed a pedestrian with his friend's delivery van.
the judge found him guilty of drink driving and negligence (and what not). the insurance company paid out the stated amount to the deceased's estate.
the insurance company then tried to claim 70% of that sum from the company (who owned the vehicle), stating that because the tires are bald and the horn wasn't working, the company's liable for 70% of that sum.
the company's attorney then replied that as the accident happened at night, the driver was not authorized by the company to use the vehicle, the said driver was drunk, wasn't during working hours, and that it was a personal (not work/company-related) trip, the insurance company can go ream themselves.
the letter was never replied to by the insurance company and everyone considered it case closed. but then the insurance company went after both drivers. i'm not sure what happened after that as the company driver was sacked.
i know the boss of the company and we happened to be discussing on-road accidents and liability recently when he found and pulled out the old documents attesting to the above.
so i think yeah, the insurance company can (and perhaps do) go after the person responsible for causing the accident (eg, not properly repairing/replacing the tires like you stated).
whether they are successful or not, i'm unsure.