Q Who’s at fault over tyre blowout?

‘Under inflation is the most common cause of blow outs’

My cousin had an accident on his Fazer caused by a van coming the other way towards him having a tyre blowout. He has been told by his insurer that because it was a tyre blowout, he cannot claim compensation from the van driver and the claim will go down on his insurance as his fault, increasing his premium. Does he need a solicitor? Jonny B, email

A blowout is different to A a punctured tyre. A blowout is a sudden loss of pressure where the tyre is quickly destroyed making it difficult to drive. A puncture involves a tyre slowly losing pressure and eventually becoming flat.

Drivers have a duty to ensure that their vehicles are roadworthy. If a vehicle is not roadworthy and this is the cause of an accident then the injured person can claim compensation subject to being able to prove it.

The most common cause of a tyre blowout seems to be under inflation, but it is difficult to prove that a tyre was underinflated once it has burst. If the opposite tyre is under inflated a court might accept, on the balance of probabilities, that the one that blew was also underinflated and thus the vehicle was not roadworthy. Alternatively, if an examination of the tyre reveals a manufacturing defect, then a defective product claim could be considered against the tyre manufacturer. I suggest your cousin gets a solicitor to look into the potential claim.