Thank you all for your prompt responses. The reason he is thinking of suing is because the insurance company only has a liability of 25K and as of today they had to turn the case over to someone else because it went over 25K. Now his own insurance company is jerking him around because it looks like they will be liable to pay the overage. It seems like a huge mess. As for the blowout yes the person is liable as well as the tire company. The reason as to why they are liable, speaking from my own personal past experience, is because a driver is suppose to know how control their car when events like these occur.

Last year I was in a car accident myself, luckily there were no other cars involved. I had a tire blowout and I could not control the car. I panicked and slammed on the brakes, which basically led to me fishtailing across the highway. I was suppose to pump the brake little by little, to slow down the vehicle and not force a vehicle that was going 75 mph to stop suddenly. My accident was pretty bad and it was all my fault, I could have hit someone especially since I rolled over onto a different fwy. The insurance company even sent me a letter saying the accident was my fault, and the DMV even placed a point on my drivers license mind you it was my first ticket/accident/dmv mark ever.

I do blame the tire company as well and I think the driver of the SUV has a case against the tire company especially if the tires were well maintained. This accident could have taken my uncles life, his rig almost rolled over, he hasn't been able to sleep since it happened, and well his business came to a complete HALT. He didn't ask for this for this kind of stress to come into his life, especially during these difficult times. His neck is hurting badly as well as his shoulder, and he doesn't want to take this to litigation at all, but what can he do? It's his family's well being that we are talking about as well as his childrens.

All too often we see Semi's get blamed for almost every accident out there on the road, and like one of the previous replies said they too would be quick to setup an allstar legal team to go after you.

We are going on two weeks where he hasn't driven a mile. The mortgage will be due once again in 23 days and what is he to do? As for now the priority is to get him back on the road because so far he's lost over 2k. That is why I just came to ask if any one knew of a truck rental company and what not? If anyone has experienced anything like this in the past, but everyone is entitled to their own opinion and I respect that, just know that we all have reasons for doing the things that we do. He is not a horrible person, seriously I have seen this man go weeks without coming home, seeing his kids,just so he can be on the road making money. I just hate for anyone to think he was trying to be selfish.

Thank you though for your feedback.

 

I hope he can get something worked out finding a rental truck.

 

If your uncle had rental/downtime on his physical damage his insurance would pick up that cost including the deposit but then he would have to subrograte to his company.(responsible for the deductable untill/if/when they recover)
The fact the other insurance is willing to pay the rental upfront is a plus. They are not going to rent the truck in their name,that is why he has to come up with a deposit. They are under no obligation to pay anything untill there is a total/final settlement cost.
Not to be harsh but if you operate strictly on cash with no credit these things can happen.

 

I had an accident a year ago, done $20,000 to my Truck which was paid for by his insurance company (I was not at fault) but ran into alot of problems trying to collect money for lost time. Since I was not hurt NO LAWYER would take my case to get payment for lost wages as they all told me it would not be worth the time.

Also how the Police writes it up has alot to do with it. I had a great State Trooper who sided with me as well as the Insurance.

I was down for 18 days counting weekends and got $2700.00 total for my lost wages. It was not what I expected and I waited until this year to settle thinking I could get the Insurance to pay more.

Going through a accident is like getting divorced, unless you have done it, then you really don't know what it is like. Every accident like divorces are different.