Who is at fault?

Author
Discussion

dirty doug

485 posts

197 months

Wednesday 15th September 2010
quotequote all
Good luck OP. My tale after being hit by an hgv is I was found 100% not to blame.

I think the hgv firm is digging their heels in as they have a MASSIVE excess on the insurance policy - the firm of the lorry who hit me had an excess of £5k!

My claim was for - wait for it - about £5k!

They don't want to pay it clearly - who would.

Your insurance company should sort things out in your favour when things start to move on.

The photos help you no end. HTH.

nottyash

Original Poster:

4,671 posts

197 months

Wednesday 15th September 2010
quotequote all
Pseudonym17 said:
EU_Foreigner said:
If the insurance works the same as in NL in this element, they don't persue foreign companies as it gets them nowhere, especially Polish etc. You don't lose NCD there either when hit by foreign cars.

Not sure if it is the same in the UK, and not sure if Ireland is seen as part of the UK as far as insurance is concerned.
It's not. Any idea what county the driver was from or any better picks of the truck? Do you know who he was driving for OP?


You can see the name on this pic.

I am glad she managed to take these pics on her phone in all the commotion. Just a shame she never insisted the Police turn up ar get a witness.

Tib

458 posts

181 months

Wednesday 15th September 2010
quotequote all
Policy don't like turning up if there's no visible injury, obviosuly that's dependant on the force itself, but broadly speaking...

Sounds like she did everything right though. So props for that.

I'd claim for compensation. A friend of mine had an accident whereby he required medical attention after someone pulled out on him and he had to ditch it in a tree. £5,000 later all had been sorted, and there was no Physio or anything like that involved.


Pseudonym17

225 posts

177 months

Wednesday 15th September 2010
quotequote all
nottyash said:
Pseudonym17 said:
EU_Foreigner said:
If the insurance works the same as in NL in this element, they don't persue foreign companies as it gets them nowhere, especially Polish etc. You don't lose NCD there either when hit by foreign cars.

Not sure if it is the same in the UK, and not sure if Ireland is seen as part of the UK as far as insurance is concerned.
It's not. Any idea what county the driver was from or any better picks of the truck? Do you know who he was driving for OP?


You can see the name on this pic.

I am glad she managed to take these pics on her phone in all the commotion. Just a shame she never insisted the Police turn up ar get a witness.
I can't view that one on my work computer, windows 98 is the best the HSE can muster! I'll have a look when I get home for you.
My dad has a cross channel haulage company and knows practically every driver/company/truck that ships from Larne/Stranraer and gets loaded in Dublin/London-which is 98% of Irish trucks that ship to the UK! I'll have a look at the pic later and enquire does he have any inside info for you. It's a long shot but you just never know!

saaby93

32,038 posts

180 months

Wednesday 15th September 2010
quotequote all
Are you sure the truck driver saw her? She might have been below his line of vision

Pseudonym17

225 posts

177 months

Wednesday 15th September 2010
quotequote all
saaby93 said:
Are you sure the truck driver saw her? She might have been below his line of vision
This is a good angle to use and could also be very true, she could have been there for any length of time in front of the truck but if shes below the eyline of the driver he will have no clue shes there! Maybe she approached tight from the left and slowly nipped in front maybe? In this case he would have no hope of seeing her! If the truck is as big as you say it could well be a topliner or somthing close in which case the blind spot would be much bigger than you'd think!

nottyash

Original Poster:

4,671 posts

197 months

Wednesday 15th September 2010
quotequote all
Pseudonym17 said:
saaby93 said:
Are you sure the truck driver saw her? She might have been below his line of vision
This is a good angle to use and could also be very true, she could have been there for any length of time in front of the truck but if shes below the eyline of the driver he will have no clue shes there! Maybe she approached tight from the left and slowly nipped in front maybe? In this case he would have no hope of seeing her! If the truck is as big as you say it could well be a topliner or somthing close in which case the blind spot would be much bigger than you'd think!
That may well be the case.
He must not of seen her and when he hit her maybe he did think she had just pulled in.
You can see the size of the truck in relation to the car. Remember it was very busy about 7pm with stop start traffic and lots of traffic emerging.


saaby93

32,038 posts

180 months

Wednesday 15th September 2010
quotequote all
nottyash said:
That may well be the case.
He must not of seen her and when he hit her maybe he did think she had just pulled in.
You can see the size of the truck in relation to the car. Remember it was very busy about 7pm with stop start traffic and lots of traffic emerging.
Its difficult for a truck driver this. Even so they shouldnt drive into a space they dont know is clear.
As it's a LHD truck wouldnt he have had clear vision even out the side window?

Nickyboy

6,700 posts

236 months

Wednesday 15th September 2010
quotequote all
The simple fact the front n/s corner of the truck has hit the rear o/s corner of her car shows that she wasn't in her lane (i know this part of the M40 like the back of my hand) and was either pushing her way into the traffic or doing the normal thing and not giving way and assuming the truck driver knows what she is doing when she is highly likely to be in the truck drivers blind area.

She seems to have contradicted herself by saying that she was in stop start traffic then saying she was stationary for 2 mins before he hit her.

R1 Loon

26,988 posts

179 months

Wednesday 15th September 2010
quotequote all
oldsoak said:
saaby93 said:
R1 Loon said:
It's a 100% non-fault. Leave it to the insurers to sort out.
smile
What happens where the OP has changed insurer meantime?
AFAIK the insurance in force AT THE TIME of the "accident" deal with it.
The new company were not liable for anything that happened prior to the policy with them being taken out.
Yep

saaby93

32,038 posts

180 months

Wednesday 15th September 2010
quotequote all
Nickyboy said:
The simple fact the front n/s corner of the truck has hit the rear o/s corner of her car shows that she wasn't in her lane (i know this part of the M40 like the back of my hand) and was either pushing her way into the traffic or doing the normal thing and not giving way and assuming the truck driver knows what she is doing when she is highly likely to be in the truck drivers blind area.

She seems to have contradicted herself by saying that she was in stop start traffic then saying she was stationary for 2 mins before he hit her.
It ties in ok to me smile
It looks as though the truck has hit her from behind
If it had happened as she moved in it would have been the side of each of the lights that had hit

Nickyboy

6,700 posts

236 months

Wednesday 15th September 2010
quotequote all
Not necessarily, the angle of the car shows that she had just pulled in front of the truck or was in the process of doing so, if she was fully in the lane then the collision wouldn't have been n/s to o/s

Edited by Nickyboy on Wednesday 15th September 21:45

Dift

1,622 posts

229 months

Wednesday 15th September 2010
quotequote all
It doesn't look like "stop start traffic" to me. That queue must have cleared up quickly?

nottyash

Original Poster:

4,671 posts

197 months

Wednesday 15th September 2010
quotequote all
Dift said:
It doesn't look like "stop start traffic" to me. That queue must have cleared up quickly?
Yes it did.
Apparently as soon as he hit the back of her it cleared.
It was caused by another accident further up the road.


nottyash

Original Poster:

4,671 posts

197 months

Wednesday 15th September 2010
quotequote all
Nickyboy said:
The simple fact the front n/s corner of the truck has hit the rear o/s corner of her car shows that she wasn't in her lane (i know this part of the M40 like the back of my hand) and was either pushing her way into the traffic or doing the normal thing and not giving way and assuming the truck driver knows what she is doing when she is highly likely to be in the truck drivers blind area.

She seems to have contradicted herself by saying that she was in stop start traffic then saying she was stationary for 2 mins before he hit her.
Thats what it looked like to me too, but she assures me thats not the case.

I drive on the left, so understandably she does and was, unfortunatly in this instance it has made it look as though she pushed in. She is not an aggresive driver and never did the norm pushing in.
She joined moved a few meters and stopped with handbrake on, she says for about 2 minutes.

Nigel Worc's

8,121 posts

190 months

Wednesday 15th September 2010
quotequote all
saaby93 said:
nottyash said:
That may well be the case.
He must not of seen her and when he hit her maybe he did think she had just pulled in.
You can see the size of the truck in relation to the car. Remember it was very busy about 7pm with stop start traffic and lots of traffic emerging.
Its difficult for a truck driver this. Even so they shouldnt drive into a space they dont know is clear.
As it's a LHD truck wouldnt he have had clear vision even out the side window?
Looks like a rhd truck to me !

Nickyboy

6,700 posts

236 months

Wednesday 15th September 2010
quotequote all
Adjust the brightness of the pic and you can see its a RHD truck

saaby93

32,038 posts

180 months

Thursday 16th September 2010
quotequote all
The dual mirrors on the offside made me think it was LHD. I thought all large trucks were supposed to have blindspot mirrors now to help prevent punting accidents?

I refer myself to a previous post smile
saaby93 said:
Are you sure the truck driver saw her? She might have been below his line of vision
Edited by saaby93 on Thursday 16th September 00:19

SmoothCriminal

5,082 posts

201 months

Thursday 16th September 2010
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Sorry but that looks like a typical "i'm joining the carriageway you MUST give way to me" moment

sidaorb

5,589 posts

208 months

Thursday 16th September 2010
quotequote all
Hate to say but if the truck hit her with enough force to push her back across the white line, as claimed, then I would expect to see a hell of alot more damage than there is in your second pic. Looks very much like she has cut in on him frown