Had a lorry drive into the back of me...
Had a lorry drive into the back of me...
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VISE

Original Poster:

196 posts

133 months

Saturday 14th November 2015
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The initial message was deleted from this topic on 21 August 2017 at 13:33

hman

7,497 posts

224 months

Saturday 14th November 2015
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normal that you pay your excess unless its a very clear cut case with no question or protest from either party as to who's to blame.

If you have a witness (get the guys details and ask him to make a statement!!!) then you'll be fine, you only have to pay your excess when repairs / payout is complete so you may well find that with your witness statement you dont ever have to pay your excess as the blame will be solidly on the truck.

VISE

Original Poster:

196 posts

133 months

Saturday 14th November 2015
quotequote all
hman said:
normal that you pay your excess unless its a very clear cut case with no question or protest from either party as to who's to blame.

If you have a witness (get the guys details and ask him to make a statement!!!) then you'll be fine, you only have to pay your excess when repairs / payout is complete so you may well find that with your witness statement you dont ever have to pay your excess as the blame will be solidly on the truck.
Ah I see, someone drove into me on a roundabout last year and agreed to it being their fault, so I didn't pay anything then.
He's happy to give a statement, I've passed all of his information forward and hoping someone else sees the facebook post as it has 100+ shares now somehow lol. Joys of social media!

Would you agree though, being that I couldn't have drove into him if my back wheel is facing out from the back -> forward. Like, that's been dragged out?

TooMany2cvs

29,008 posts

156 months

Saturday 14th November 2015
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VISE said:
My insurance are trying to say I should pay my excess, and then they'll try to claim it back for me if I win the case?
Yep, that's how it works.

You say he did it. You have photos and an independent witness that support your point of view.
He says you did it.
The two insurers need to get together and decide it if's he's to blame, you're to blame, or both of you are to blame. That, obviously, won't happen immediately - yet, presumably, you want your insurer to start paying out immediately, right? Well, until it's decided between the insurers who's to blame - and, most importantly, his insurer repays your insurer's costs in full if you are held to be blameless - then it goes on your record as a claim your insurer is paying out on. Because, well, they are doing exactly that.

S26VE P

35 posts

137 months

Saturday 14th November 2015
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You'd be pretty clever to cause said damage by driving forwards into him, Get the witness's statement and let insurance co deal with it, thats what you pay them for. They will get the damage inspected and see just the same.

VISE

Original Poster:

196 posts

133 months

Saturday 14th November 2015
quotequote all
S26VE P said:
You'd be pretty clever to cause said damage by driving forwards into him, Get the witness's statement and let insurance co deal with it, thats what you pay them for. They will get the damage inspected and see just the same.
Thank you for giving me piece of mind lol, and hope so!

TooMany2cvs said:
Yep, that's how it works.

You say he did it. You have photos and an independent witness that support your point of view.
He says you did it.
The two insurers need to get together and decide it if's he's to blame, you're to blame, or both of you are to blame. That, obviously, won't happen immediately - yet, presumably, you want your insurer to start paying out immediately, right? Well, until it's decided between the insurers who's to blame - and, most importantly, his insurer repays your insurer's costs in full if you are held to be blameless - then it goes on your record as a claim your insurer is paying out on. Because, well, they are doing exactly that.
No worries, just worried about how long it'll drag out for as my previous ST took near enough 3 months. Ideally, I'd like to get my car back before christmas/ new year.

TooMany2cvs

29,008 posts

156 months

Saturday 14th November 2015
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VISE said:
No worries, just worried about how long it'll drag out for as my previous ST took near enough 3 months.
If you're adamant that you're 100% not to blame, then it'll take as long as it needs for the other insurer to agree that. At the outside, that'll be after a court case.

VISE said:
Ideally, I'd like to get my car back before christmas/ new year.
Then it may well be coming off your insurance in the interim. A quick look at that photo suggests it's repairable, but... <shrug>

VISE

Original Poster:

196 posts

133 months

Saturday 14th November 2015
quotequote all
TooMany2cvs said:
Then it may well be coming off your insurance in the interim. A quick look at that photo suggests it's repairable, but... <shrug>
100% certain, if the cameras are working, they'd see that also. But I'm not sure if they will be, it was this roundabout:


The cameras are still off, but kinda hoping they have traffic cameras or such that they can view.
Also witness says and I quote "lorry driver turned as if he was going right when in fact going straight up, causing the trailer to jack knife slightly and the back hitting the mercedes".


deltashad

6,731 posts

227 months

Saturday 14th November 2015
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I had a lorry driver do the same with me. Wiped out one side of car crossing lanes on a round a bout exit.
He lied to the police and told them I drove into him.

The guy was an utter lying scumbag road rage door knob.

I involved the police but with no CCTV, no witness ....

Good thing is he hit your rear, liability for sure will be on his behalf. Mine was rear side.


gus607

997 posts

166 months

Saturday 14th November 2015
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This is why I have front & rear dashcams installed.

VISE

Original Poster:

196 posts

133 months

Saturday 14th November 2015
quotequote all
gus607 said:
This is why I have front & rear dashcams installed.
Next POA!
Can I get them installed through the headlining etc, and any recommendations?

herewego

8,814 posts

243 months

Saturday 14th November 2015
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Why didn't you pull away when the lorry did?

VISE

Original Poster:

196 posts

133 months

Saturday 14th November 2015
quotequote all
herewego said:
Why didn't you pull away when the lorry did?
He slammed on his brakes, I assumed something was coming so stopped too, he then drove off VERY close. I'm talking he was just skimming my wing mirror, I was just about to pull away as he hit my car and dragged it forward.

I've just had somebody else get in touch with my mum through the facebook post that was shared. He gave me his address and told me he witnessed the lorry move into my lane for a moment or two and said there's nothing I could've done about it other than wait for it to happen.

All well and great, but unsure why nobody stops to help out when it actually happens.

herewego

8,814 posts

243 months

Saturday 14th November 2015
quotequote all
VISE said:
herewego said:
Why didn't you pull away when the lorry did?
He slammed on his brakes, I assumed something was coming so stopped too, he then drove off VERY close. I'm talking he was just skimming my wing mirror, I was just about to pull away as he hit my car and dragged it forward.

I've just had somebody else get in touch with my mum through the facebook post that was shared. He gave me his address and told me he witnessed the lorry move into my lane for a moment or two and said there's nothing I could've done about it other than wait for it to happen.

All well and great, but unsure why nobody stops to help out when it actually happens.
It was obviously his fault as he drove into you while you were stationary but I don't understand why you remained stationary and didn't pull away at the same time as he did especially as you knew he was close to you.

VISE

Original Poster:

196 posts

133 months

Saturday 14th November 2015
quotequote all
herewego said:
It was obviously his fault as he drove into you while you were stationary but I don't understand why you remained stationary and didn't pull away at the same time as he did especially as you knew he was close to you.
Just shock of the moment, I guess. I knew he slammed on for a reason, so didn't really trust him after that one.
Just glad I have witnesses to back my claims, hopefully there is a camera or two.

btcc123

1,243 posts

177 months

Saturday 14th November 2015
quotequote all
Interesting that there were no witnesses at the time who stopped to help and gave statements yet on social media such as Facebook when you post and show pictures that you had an accident and it was not your fault,the lorry driver lied and you need some witnesses there always seams to be people that say they will give a statement to help you whether they actually witnessed the accident or not.

Insurance companies need to be careful using witness statements from Facebook friends and if it went to court the other side could quite easily discredit these witnesses.

From what you are saying and the photos I do agree that it was the lorry drivers fault,hopefully he will change his tune and admit it but have a feeling that it may end up 50 50 but wish you well.

VISE

Original Poster:

196 posts

133 months

Saturday 14th November 2015
quotequote all
btcc123 said:
Interesting that there were no witnesses at the time who stopped to help and gave statements yet on social media such as Facebook when you post and show pictures that you had an accident and it was not your fault,the lorry driver lied and you need some witnesses there always seams to be people that say they will give a statement to help you whether they actually witnessed the accident or not.

Insurance companies need to be careful using witness statements from Facebook friends and if it went to court the other side could quite easily discredit these witnesses.

From what you are saying and the photos I do agree that it was the lorry drivers fault,hopefully he will change his tune and admit it but have a feeling that it may end up 50 50 but wish you well.
It was actually asking if anybody witnessed anything (via my mum's post lol). Then someone came forward and said their son witnessed it and he was in his work van as a passenger, so that person didn't stop. Maybe they had a job to be at, no clue but just seeing what happens. Neither are friends on facebook, the first has refused to give ME his address but said he'll happily give it to the insurance company.

505diff

511 posts

273 months

Saturday 14th November 2015
quotequote all
VISE said:
Next POA!
Can I get them installed through the headlining etc, and any recommendations?
I've just this morning fitted a Nextbase 402G in the wife's car, it's forward facing only but I got the hard wire kit so it's on motion detect and on all time, it will shut down if the car battery drops below about 11 volts so should be useful. All wiring is hidden and you don't need to cut any wiring to install it. Rear cams are good for the nutcase driving close behind, but I'm sure just a front facing cam with gps would have been good for your incident. I've got a cheap cam in another car and by pure luck was still on five minutes after getting home, when the council decided rather than empty my bin, to knock it over and let the contents blow down the street, and leave it on it's side blocking the footpath, with whole crew telling their boss it was like it beforehand. They suddenly recalled a different story when I mentioned footage to their boss, glad it was not damage to a car or property as these people have a plan beforehand, bullst your away out.

A friend of me was parked legally when a passing truck hit it, setting off the alarm, we heard the alarm went out to see the truck pulling away slowly, the driver and his mate denied they had caused the damage and as it was an old car and a scratch, (a big one) my friend let it go, as no one witnessed the damage, these people have no doubt done it before and got away with it, the will do it again. Dash cams are a must, you will not feel need to put footage on You Tube every time someone fails to indicate on a roundabout or rambles along in the middle lane !!

VISE

Original Poster:

196 posts

133 months

Saturday 14th November 2015
quotequote all
Just got some devastating news.
Called him and he told me which company he worked for, then he said "I'm out of the country for 2 weeks now, got to go bye" and then blocked my number.

Not the best time to be me...

TooMany2cvs

29,008 posts

156 months

Saturday 14th November 2015
quotequote all
VISE said:
Just got some devastating news.
Called him and he told me which company he worked for, then he said "I'm out of the country for 2 weeks now, got to go bye" and then blocked my number.

Not the best time to be me...
Who, the driver?

You've got all you need.

Actually, you've got all you need with the truck's plate. Not your problem to talk to the driver.