So I was driving back home from Eureka on the 5 when the pickup truck that was in front of me kicked up, what appeared to be a piece of semi tire, and it struck my car right behind the left headlight. From the looks of it when I was driving I thought it gouged the paint out, but after getting out it only left tire marks and two hairline scratches that should be able to buffed out. At 75 mph I consider myself lucky. My question to you guys is was that technically a hit and run when something like that happens or is it where no one is at fault? Thanks!

 

It's covered under your comprehensive insurance, but it sounds like you'd be better off not filing a claim.
Take it to a decent body shop, and for a couple hundred $ get it buffed out and corrected. For light scratches, DR Colorchip works wonders.

I hit a tire casing at night on the interstate, and it took out the plastic piece that scrapes anyway under the front bumper and the trim piece in front of the right rear tire. I got both replaced at the dealer for less than my deductible.

 

In California the truck that kicked up the tire is in no way responsible for the damage to your car.

VERY IMPORTANT
If you do go through insurance make sure to tell them that the tire fragment hit you. There was nothing you could do to avoid the collision. Then your Comprehensive will cover it.
If you say "Yeah, I hit a tire and need repairs", you just admitted guilt to an at fault accident, no coverage for you.


I managed a Body Shop for years, I can't count how many times I have seen this exact scenario

 

ugh same thing happened to me on I75 in my BMW about 4 years ago.

18 wheeler shed a tire in front of me and I had no where to move so I mowed it over. it ripped up my front bumper and passenger side skirt. . . ended up getting it fixed through a friend at a body shop.

sorry to hear that, Arctic. I know how much you love your car. As far as it being a hit and run situation, I doubt it at this point

 

Well, I can sympathize with you. I hit a Detroit Alligator (tire carcass) late one night in middle of nowhere KS and it cost me a $150 tow to Wichita, KS, an extra night in a hotel, and around $1600 to have the dealer replace a damaged radiator, radiator fan, A/C condenser, and some other associated hardware.

But I think you were following the pick up truck too close. You should have had enough time to dodge the debris.

Now to show you you are not alone, after I got my car fixed, I drove back -- around 75 miles -- where I hit the tire debris. I thought I recognized the area and even the tire debris, at least what was left of it.

Turned around and headed west and for CA and home but got behind a slow moving pickup. Was following close cause I wanted to pass when traffic permitted and damn if he didn't run over a piece of tire and it ended right in my driver's side front tire's path. No time to swerve.

All I could do was let nature take its course. Same side as 2 nights before. After the impact with a sickening feeling I watched the dash for any warning lights, the rear view mirror for any signs of a coolant leak. Nothing showed up. Feeling like I dodged a bullet and anxious to make up for lost time I sped up and damn if another piece of tire didn't come from under that truck. This one happened to go almost under the center of the and made little contact with anything.

After my 3rd encounter I backed off and I think I followed the truck all the way through KS.

Later that night pulled off of I-40 to eat at a restaurant in in OKC and driving slow heard a scraping noise. Stopped in a Walmart parking and got out and found the impact with one of those tire pieces earlier had busted the wheel liner housing and the leading edge was hanging down.

I dashed into Walmart and got some duct tape and "fixed" it there in the parking lot. Left it that way for years until finally a woman ran into the back of the my Boxster when stopped at a light and shoved the car into a stopped car ahead which damaged my car's front bumper and then it got replaced. 'course, when the other driver's insurance adjuster saw the duct tape he only agreed to pay half the cost of a new bumper cover...

 

Now this is a situation where you CAN get the trucking company to pay. Since the tire came off his vehicle, you can have their insurance cover everything.

If he ran over a piece of rubber and kicked it up, no recourse. If the rubber belonged to the truck, they are paying your bills


Side note - This is why retreads are illegal in Cali now. (Can't buy them here)

 

From hearing your guys' similar experiences I definitely got lucky with what happened. I am just going to pay for it out of pocket since it is just a small scratch and I have no interest in my car getting a knock on it's record, especially for something so small. I was following the truck at pretty standard distance the problem was it 5:00 pm traffic on I-5 so there was no where to avoid it. Oh well like I said could have been far worse.

 

If you claim, be very careful with your wording. If you hit something that is not moving, vs something bouncing off the back of a truck. They maybe the same object, but one will be your fault.
This summer I was going up to the cottage in my big truck. Loaded with wife, two kids and appropriate weekend junk. Coming off the off ramp there was a huge tire carcass, or as above Detroit Alligator. With no place to move, cars all around me, it passed underneath my tall truck without issue. One problem, there was a motor cycle behind me. I could not change lanes, not time to physically want him. I quickly tapped my brake lights, tap tap tap tap tap. Without slowing down. Obvious to the attentive rider of impending danger, he avoided the upcoming alligator. I received a thank you wave as he passed me shortly after. I still play back that moment.
Debris sucks. Fix your damage, or polish it out the best you can. There will be more. I have never had more stones tossed at this cars windshield. I have no idea why it still remains in tack.

 

If the vehicle in front hit a debris item on the roadway, that vehicle can claim they didn't see it in time and could not avoid it.. which is hard to disprove. So what happens with the debris isn't their fault (in most if not all states I would think). If the vehicle in front dropped the debris itself (it was part of the vehicles tire, or some other part fell off) then you would have a claim against the vehicle in front's owner for failure to maintain or secure load, etc.

You hitting a tire, rather than the tire hitting you is somewhat semantic and you hitting the tire doesn't automatically imply guilt of being in an avoidable collision. How you communicated the incident would potentially influence the insurance company's decision. There can be debris on the road that is stationary, so when the collision happens, it is fully you hitting it. That doesn't mean its your fault, because that determination depends on whether you, as driver, had opportune time to see and avoid the collision with the debris. Debris nature/appearance, pavement nature/appearance, lighting conditions, speed, weather... all play into it. For example, hitting an unmarked and unpainted new concrete island in the middle of a new concrete roadway at night is not your fault but that of the folks that own the road - because even with care and lighting, you cannot possibly realize that the island is not the roadway until it is almost under the car, at which case its too late unless you are traveling under 20mph.

Sounds like its minor scratching at worst... maybe fill the scratches with touchup, polish/buff, wax and move on with life.