A co-workers car was hit by a flying wheel, the car going the opposite direction lost an axle and both wheels. He obviously had to stop, but did not have insurance. Her insurance company is saying that this claim falls under comp coverage, but my understanding is that the other driver was negligent, and the fact he has no insurance, means this falls under uninsured property damage.
Is the wheel in this case part of the vehicle or the environment? This seems much different than just hitting a tire in the road, mostly because the other driver's negligence caused the accident, and he was caught red handed.
The driver was issued citations etc, but had no DL and is an undocumented alien, so chances of ever seeing him again are slim, no matter the actions taken.
Thanks for any guidance you can give me, I really don't want her to have to pay the $500 deductible to the insurance.
