Ran over Tire wheel with RV: who's fault

[Lhurst]

My husband and I were drivimg dpwm the freeway in our RV motorhome, and had just passed a large truck when he had a split second to manuver a wheel that was before us in our lane. Knowing that if he tried to swerve and not hit the wheel, our RV could have tipped, creating a very serious accident for us. As it turned out, only the underneath pipes for our water and sewer were ripped off and hanging below it. As we drove a half mile up the freeway we noticed a man standing on the shoulder with his truck pulling a jeep on a trailer bed. We instinctively knew it was his wheel we ran over. It had bounced off from his rig, and landed in front of our RV within seconds. We pulled off to the freeway shoulder, and found out that his back dooley wheel had been sheared off, he thought caused by him hitting a steel obstruction on the road momnets before, and jamming his axle. His insurance agent investigated it and determined that he wasn't negligent, therefore they were not covering our damage on the RV. We called and wrote a letter asking him if he would help us pay for the damage, since his insurance wouldn't pick it up, as our deductable is $500, and the damage came to $297. My question is if we went to small claims court, would the judge rule that he would be liable to pay for the cost of the damage to our RV?

 

[cbg]

We cannot possibly know what an unknown judge would rule.

 

[seniorjudge]

We cannot possibly know what an unknown judge would rule.

But we can give you your odds of winning (or losing): About 50-50, more or less, the same as anything else happening in the known universe.