 cnbell
"10th Year" Silver Supporting Member
Posts: 8655
Loc: So Cal
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06-16-12 12:25 PM - Post#2237860
Coming home from a car show today I had a woman in the next lane hit a two foot piece of a 2 x 4 which sent it on a direct line for the front of my car. There were cars on both sides of me so there was no way to move over. My daughter was in the car, I looked over and she was hanging onto the arm rest and had a death grip on the seat cushion. At that point I was hoping it would go up and over the car but that didn't happen. The board was tumbling length wise and the next thing I saw was the butt end of the board hammer the windshield and then go up over the car. Luckily the windshield didn't come apart so I was able to stay in my lane and continue forward.
I'm pretty sure she saw it hit my car, I figured she would pull over but she moved into the car pool lane and kept going. I caught up to her and motioned her to pull over which she did. When we got out of the car I asked if she had seen what happened, she said she tried to miss the board but hit it anyway. She initially said she saw it hit my car but then backtracked from that. I asked her for her insurance and registration, she said she saw no reason to give me that information. I explained to her she hit the board which caused the damage and we would let our insurance companies figure it out. She said it wasn't her fault because she didn't put the board there... 
She finally gave in and we exchanged information. I told her at this point we were only dealing with a broken windshield and it could have been much worse. Her response was if I didn't drive a car like that on the freeway I wouldn't have to worry about it getting hit by flying objects... 
The sound it made was unbelievable, I was sure it had creased the roofline but luckily it missed. It was a pretty crazy deal, everything looked like slow motion until the board hit the windshield.
Here's a couple of pics from both sides.
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Mowman
Member
Posts: 387
Age: 63
Loc: Wisconsin
Reg: 04-13-04
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06-16-12 12:36 PM - Post#2237863
In response to cnbell
WOW! Glad everyone is ok and it is only the windsheild and not the roof or anything else.
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inline0_0
"10th Year" Silver Supporting Member
Posts: 1396
Loc: Arizona desert
Reg: 03-10-04
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06-16-12 01:26 PM - Post#2237881
In response to Mowman
That had to be really scary. Glad you & your daughter are O.K.
Doug
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Rick_L
Honored Member
Posts: 24729
Loc: Katy, Tx, USA
Reg: 07-06-00
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06-16-12 01:48 PM - Post#2237890
In response to cnbell
Too bad that happened. I don't see any way she's liable, as she said she didn't put it there.
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 jdk
"3rd Year" Silver Supporting Member
Posts: 317
Age: 63
Loc: columbus, ohio
Reg: 02-15-10
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06-16-12 02:45 PM - Post#2237924
In response to Rick_L
glad you are all right. the driver should of stopped
to see if ya were ok. but i don't think she is liable. best of luck jim
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56sedandelivery
Valued Contributor
Posts: 2558
Age: 61
Loc: Everett, Wa.
Reg: 02-26-08
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06-16-12 02:51 PM - Post#2237927
In response to cnbell
Nobody "intends" for any accident to happen; your situation is one of road hazard. It was'nt the ladies fault UNTIL she hit the object, and created it's path of flight into your windshield (it could have just as well been a rock, a part from her or anothers car). It was'nt your board, it was'nt her board, but it's part of the reason we carry insurance because, "stuff happens". Let the insurance carriers wrestle through it; I do think she had a rather callous attitude, and could'nt care less. What if the damage had been more severe, or someone seriously hurt, killed, or if hitting the board caused her to crash into another car? Someone has to shoulder the blame, and I think she gets the "short end on the board" in this case. Keep the forum posted on what does happen. Butch/56sedandelivery.
Oh, and when I read your heading, "2 X 4", I thought this was going to be a dual quad setup posting...........but darn it, it was'nt.
Edited by 56sedandelivery on 06-16-12 02:54 PM. Reason for edit: No reason given.
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 Charlie57
"4th Year" Silver Supporting Member
Posts: 2934
Loc: Lebanon, Tennessee
Reg: 03-30-08
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06-16-12 02:55 PM - Post#2237930
In response to jdk
Not good news at all but at least it will be a easy repair compared to body work and matching paint. I always wondered who's fault this would be. I have been behind gravel trucks that have a sticker that reads something like, Not responsible for items coming from the road. Not sure what that meant.
Charlie
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arnieg141
Dedicated Enthusiast
Posts: 6084
Loc: nj
Reg: 10-06-08
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06-16-12 03:24 PM - Post#2237935
In response to 56sedandelivery
 sorry to say no falt of hers.you should call and tell her your sorry and for get it. why put her thu head ack
| GET ER DONE .. AS I GET OLDER I LIKE FAST CARS I CAN STILL DRIVE. AND VERY SLOW WOMEN I CAN CATCH while still able..arnie garrison |
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57tim
"11th Year" Silver Supporting Member
Posts: 2476
Loc: Cameron, Wi, USA
Reg: 11-09-01
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06-16-12 04:11 PM - Post#2237954
In response to arnieg141
I think she showed total disreguard for you and your passengers then change lanes to get away. She gets no pass on this. Let her worry.
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 gotta56forme
"8th Year"Silver Supporting Member
Posts: 3282
Age: 50
Loc: West Seattle
Reg: 09-19-03
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06-16-12 04:14 PM - Post#2237956
In response to Mowman
WOW! Glad everyone is ok and it is only the windsheild and not the roof or anything else.
x2!
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arnieg141
Dedicated Enthusiast
Posts: 6084
Loc: nj
Reg: 10-06-08
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06-16-12 04:34 PM - Post#2237961
In response to 57tim
I think she showed total disreguard for you and your passengers then change lanes to get away. She gets no pass on this. Let her worry.
lucky no one was hurt. but to pull her over you know he was po'd and the woman was scard to death with him .and being a driver he should know she has no falt in the whole thing and put her thu poopoo for nothing. just as he will be told from ins. company.man up poopoo happens
| GET ER DONE .. AS I GET OLDER I LIKE FAST CARS I CAN STILL DRIVE. AND VERY SLOW WOMEN I CAN CATCH while still able..arnie garrison |
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56sedandelivery
Valued Contributor
Posts: 2558
Age: 61
Loc: Everett, Wa.
Reg: 02-26-08
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06-16-12 05:32 PM - Post#2237976
In response to Charlie57
Not good news at all but at least it will be a easy repair compared to body work and matching paint. I always wondered who's fault this would be. I have been behind gravel trucks that have a sticker that reads something like, Not responsible for items coming from the road. Not sure what that meant.
Charlie
Been there on this one. They, the truck drivers, when something (rocks) falls from their truck, it follows in their direction of travel; and they say you ran into it. In my case, the dump truck was coming towards me, hit a rough patch of road, tossed a bunch of rocks that took out both headlights, the windshield, and caused a few small dents, in my brand spankin' new 1972 Nova SS. I chased the truck down, as he would'nt pull over and stop, and the foreman at the yard tried to get in my face. That was until he found out the truck was coming at me, and saw what had happened to my car. There was even a 1 1/2 inch rock sitting on the passenger bucket seat that had gone through the windshield. They handled it, but begrudgingly. Same company got sued seriously when the reach on a double dump rig snapped and killed another motorist. They had done their own modification to the reach, and the State of Washington also fined them heavily. There was a case here a few years ago involving an unsecured load where a sheet of plywood came off a pickup truck on the freeway. Crashed through the windshield of a young girl; left her disfigured and blind! There's a law on the books now named after her. Somehow, they caught the person who lost the plywood off their truck. Looked it up; it's called "Marias Law", and named for Maria Federici. Turns out it was a ladder, and not a sheet of plywood. Butch/56sedandelivery.
Edited by 56sedandelivery on 06-16-12 05:35 PM. Reason for edit: No reason given.
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jdk
"3rd Year" Silver Supporting Member
Posts: 317
Age: 63
Loc: columbus, ohio
Reg: 02-15-10
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06-16-12 05:41 PM - Post#2237979
In response to Charlie57
if a truck is dropping stones from its bed, then it is his fault in ohio. it is called, dripping and
dropping i believe. our traffic bureau years ago
wrote several citations for that. jmho jim
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Rick_L
Honored Member
Posts: 24729
Loc: Katy, Tx, USA
Reg: 07-06-00
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06-16-12 06:13 PM - Post#2237986
In response to Charlie57
"Not responsible for items coming from the road. Not sure what that meant."
They are just trying to discourage you from making a claim. And their defense is going to be it was on the road and didn't fall from the truck. They are liable if it came from the truck, but not the road. Hard to prove or disprove. Most places gravel trucks and dump trucks are supposed to have a properly secured tarp to prevent that stuff. Proving it wasn't there or wasn't secure is about the only way to win a claim.
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MikeB
Senior Member
Posts: 9388
Loc: Plano, TX
Reg: 08-28-03
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06-16-12 07:24 PM - Post#2238017
In response to Rick_L
I think it truly was an accident caused by a road hazard, not her driving. Heck, I drove through the remains of a wooden pallet on a freeway a couple weeks ago. The pieces of wood covered the better part of 2 lanes and there was no way to avoid it, especially since the car in front of me kept me from seeing it until the last second. Pieces might have hit someone behind me, but I doubt I even looked into the mirror until I was well through the debris. Everyone driving in those lanes was in the same situation. I don't think any of those drivers should have been liable for damage to cars behind them.
Rocks or pallets falling off a truck bed are totally different situations, IMO, and are due to negligence.
Of course, the lady Craig had to deal with acted like a jerk.
Real Hot Rods have a Clutch!
1955 210 2dr: 327, Brodix IK180 heads, Jones cam, Muncie M20, Wilwood front brakes
1969 C-10 pickup: 350, TH350
My car pictures
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Edited by MikeB on 06-16-12 07:27 PM. Reason for edit: No reason given.
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swbatt
West Coast Show Support
Posts: 3543
Reg: 03-25-01
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06-16-12 08:05 PM - Post#2238045
In response to MikeB
Glad you're OK Craig. I bet your shorts match your interior, two tone!
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 4dr 57
"6th Year" Silver Supporting Member
Posts: 2742
Loc: The Texas Hill Country
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06-17-12 04:33 AM - Post#2238130
In response to swbatt
That kind of thing happens so fast...what makes her think it was even stationary when she saw it..nice of her to pull over..was willing to risk the encounter in order to meet a car fanatic in a good looking car..black and white color scheme probably triggered a false sense of security. 
Yakking at her like she had something to do with it all other than being there just like you was a typical reaction, I guess. You miss an insurance payment or something?
Stanley
| Wife: "Don't race the Police car, Stan!" |
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Pistol
"11th Year" Silver Supporting Member
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06-17-12 07:15 AM - Post#2238191
In response to cnbell
What counts is everyone is OK, sorry about your car 
Pete
Awl speeling misteaks r myn
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Bruces 57
Frequent Contributor
Posts: 1663
Reg: 01-03-07
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06-17-12 09:11 AM - Post#2238219
In response to Pistol
Hello;
Glad nobody got hurt!! But I would of been changing my pants! Just looking at that scares me!
Bruce
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awsum55
Senior Member
Posts: 8838
Age: 60
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Reg: 09-27-01
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06-17-12 11:08 AM - Post#2238263
In response to Bruces 57
Years ago I had a truck that picked up a rock in it's tread and broke my windshield. He didn't have mud flaps on the truck and my insurance company made the company pay for the damage. I think it's different in every state.
Five things that you cannot recover in life:
* The Stone after it's thrown
* The Word after it's said
* An Occasion after it's missed
* The Time after it's gone
* A person after they die |
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cnbell
"10th Year" Silver Supporting Member
Posts: 8655
Loc: So Cal
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06-17-12 11:47 AM - Post#2238274
In response to Bruces 57
Thanks for the well wishes, glad the board didn't come all the way through and the windshield didn't cave in on us, that would have been a rough situation at 65 mph. At the time I had no idea what the liability would be which is why I asked her to pull over to exchange information. I wasn't blaming her, I stated we would turn it over to the insurance companies and see what they had to say about it.
Surprisingly she could have cared less about the situation my daughter and I had just gone through, not so much as an is everyone ok ? If I hit a board on the freeway which damaged another persons car I would absolutely pull over, my main concern would be that no one was hurt no matter whose fault it may have been.
I spoke with my insurance broker later that day. California law states if debris falls from a moving vehicle and is still moving when it strikes another vehicle then the vehicle it came from is responsible for any subsequent damage. However, if the debris comes to a complete stop and is stationary in the roadway and is then struck by another vehicle then it is that vehicles fault for failing to avoid the debris and any damage to their vehicle would be their responsibility.
Now, what about my vehicle ? My agent said that because another vehicle stuck the debris first the damage to my car was beyond my control and would be covered under my comprehensive policy, zero deductible and no point against my insurance. The other driver wouldn't be liable for the damage as the debris didn't originate from their vehicle.
So, that's the update, and Junior, yes my shorts were slightly two toned....
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MikeB
Senior Member
Posts: 9388
Loc: Plano, TX
Reg: 08-28-03
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06-17-12 11:58 AM - Post#2238278
In response to cnbell
Sounds fair to me. Glad all is OK.
Real Hot Rods have a Clutch!
1955 210 2dr: 327, Brodix IK180 heads, Jones cam, Muncie M20, Wilwood front brakes
1969 C-10 pickup: 350, TH350
My car pictures
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HYPR
"12th Year" Gold Supporting Member
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Reg: 07-19-01
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06-17-12 08:44 PM - Post#2238517
In response to cnbell
Craig the most important thing is you and your daughter are ok and were not injured. It looks like just a windshield replacement and everything will be fine.
I couldn't help but notice how we all react to this sort of situation and the responsibility based on how the vehicle code is within our particular state.
Each state has different vehicle codes and reacts to situations like this differently.
California has one of the toughest codes when it comes to controlling items which are in your vehicle. Bottom line is you are responsible...PERIOD and this comes from a freind of mine who happens to be a command sargent with the CHP and one of his main areas of responibility is enforcement of this code.
I happened to be driving my RV on a road that was being used as movie shoot and was allowed to proceed. Murphy's law was my compartment where I store stuff opened (latch broke) and a plastic folding table slid out right in the line of sight of one of his officers. You guessed it, I got pulled over. My luck was George just happened to be on that site and recognized my rig and pulled up. He stopped the officer from writing the ticket, which saved me several hundred dollars.
Short story is you did the correct thing, insist on her insurance info and lucky for her she co-operated because leaving the scene of an accident is a crime and yes, she was involved. In California you do not have the right to make the decision whether or not you are responsible or not and whether or not you can withold information such as driver's license and proof of financial responsibiliy (insurance), it is reguired, period.
What chaps my hide besides her lack of concern was her comment "Her response was if I didn't drive a car like that on the freeway I wouldn't have to worry about it getting hit by flying objects..." How dare she decide what you can or cannot drive!
Typical LA driver!
Bob
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busyguy8
Dedicated Enthusiast
Posts: 5647
Age: 42
Loc: SF Bay Area, CA
Reg: 11-21-04
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06-17-12 11:00 PM - Post#2238554
In response to HYPR
Craig,
Glad you are your daughter are ok!!
-bg8
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arnieg141
Dedicated Enthusiast
Posts: 6084
Loc: nj
Reg: 10-06-08
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06-18-12 05:21 AM - Post#2238589
In response to HYPR
Craig the most important thing is you and your daughter are ok and were not injured. It looks like just a windshield replacement and everything will be fine.
I couldn't help but notice how we all react to this sort of situation and the responsibility based on how the vehicle code is within our particular state.
Each state has different vehicle codes and reacts to situations like this differently.
California has one of the toughest codes when it comes to controlling items which are in your vehicle. Bottom line is you are responsible...PERIOD and this comes from a freind of mine who happens to be a command sargent with the CHP and one of his main areas of responibility is enforcement of this code.
I happened to be driving my RV on a road that was being used as movie shoot and was allowed to proceed. Murphy's law was my compartment where I store stuff opened (latch broke) and a plastic folding table slid out right in the line of sight of one of his officers. You guessed it, I got pulled over. My luck was George just happened to be on that site and recognized my rig and pulled up. He stopped the officer from writing the ticket, which saved me several hundred dollars.
Short story is you did the correct thing, insist on her insurance info and lucky for her she co-operated because leaving the scene of an accident is a crime and yes, she was involved. In California you do not have the right to make the decision whether or not you are responsible or not and whether or not you can withold information such as driver's license and proof of financial responsibiliy (insurance), it is reguired, period.
What chaps my hide besides her lack of concern was her comment "Her response was if I didn't drive a car like that on the freeway I wouldn't have to worry about it getting hit by flying objects..." How dare she decide what you can or cannot drive!
Typical LA driver!
Bob
glad every one was fine but bad advice.she has had perfect right not to give him any thing seems she knew the law better than him if her car or part of her car was not involved has nothing to do with her.it's not leaveing seen of an accident.even if chp pulled her over would have told her not her fault. but may have told him don't drive so close next time...if a car on wet road spins side ways blocking the lane and you slam on your brakes to not hit it and 3 cars inclulding yours hit one another it would be the car slamed on brakes accident the driver spun out would have nothing to due with it .if no cars came in touch with it
| GET ER DONE .. AS I GET OLDER I LIKE FAST CARS I CAN STILL DRIVE. AND VERY SLOW WOMEN I CAN CATCH while still able..arnie garrison |
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madcow
Forum Newbie
Posts: 10
Reg: 05-26-12
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06-18-12 11:42 AM - Post#2238749
In response to cnbell
Glad you are okay, Pretty scary stuff....
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No_Dice
Ultra Senior Member
Posts: 13755
Loc: San Jose, CA
Reg: 04-23-01
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06-18-12 11:43 AM - Post#2238750
In response to awsum55
Craig I am glad that only the car was damaged. I blew a rear tire 6 weeks ago and it caused $15,000 of damage. Make sure you get that claim going right away. I switched from Hagerty to Barrett-Jackson last Fall and they handled my claim with minimal hassle.
Tires last 5 years - it's true.
https://sphotos.xx.fbcdn.net/hphotos-ash4/476133_3 ...
Edited by No_Dice on 06-18-12 11:51 AM. Reason for edit: No reason given.
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cnbell
"10th Year" Silver Supporting Member
Posts: 8655
Loc: So Cal
Reg: 04-14-04
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06-18-12 12:43 PM - Post#2238782
In response to No_Dice
Thanks guys, I appreciate the replies.
Hyper, that's really what irritated me as well, she could have cared less.
Arnie, Bob is absolutely right on this, at least in the state of California and here's why according to the California Highway Patrol. Because she hit the piece of road debris she is now involved in the accident. It doesn't mean that she is liable or at fault for any damages but because she is involved she is required by law to pull to the side of the road and exchange information with all other involved parties. Failure to do so is a citable offense.
Dice, that's crazy, did it tear up the quarter panel ? What kind of tire was that ?
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Thadd
"11th Year" Gold Supporting Member
Posts: 11069
Age: 73
Loc: Rolling Hills, Ca,
Reg: 12-30-01
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06-18-12 12:55 PM - Post#2238786
In response to cnbell
Craig;
I also am glad that you, your daughter, and the 55 will be OK. I wonder if the woman that gave you the attitude was also from the land of the Kardashians where judgement seems to me to be skewed....
| Proud member of the BABY BLUE T-SHIRT BROTHERHOOD |
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No_Dice
Ultra Senior Member
Posts: 13755
Loc: San Jose, CA
Reg: 04-23-01
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06-18-12 01:31 PM - Post#2238800
In response to cnbell
It was my Hoosier Pro Street Radial,left rear. Blew at 75MPH and talk about needing new shorts! A 3' strip of tire remained attached and made ?? several loops around and removed the bracing between the 1/4 and the trunk wall. Back 1/2 of rhe car had to be painted, re-chrome bumper, interior removed, all trim glass, the works. Insurance would not cover the tires even though it blew on it's own. Totally blew - sounded like a pistol went off in the car. I had just come from a show and had the boys with me. We were doing 75 on an 8 lane freeway - not fun.
Moral of the story - tires last for 5 years regardless of tread wear. I had 12,000 on these tires.
Edited by No_Dice on 06-18-12 01:31 PM. Reason for edit: No reason given.
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