Item falling from lorry & hit RS4 - where do I stand
Discussion
Yesterday whilst driving down the A419 in my Audi, I was following a large metal recycling companies lorry
It was particularly windy and I could see the large net/webbing on the top of the lorry was not fastened down and flapping around in the wind. I thought it safer not to get too close to the lorry, so I indicated and accelerated past. As I pulled out of his lane, I noticed the webbing rise up in the wind and a load of small items (maybe bolts or fastening clips) come from the top of the lorry and towards my car. I swerved to avoid them, but I heard one of them make an almighty thump as it hit the roof of my car.
The sound it made was so loud I was convinced there would be a fist sized hole in the car.
I flashed at the lorry and beeped my horn to get the guys attention, and I even pulled in front of the guy and waved at him to get his attention, but he just sped up and went past me (I guess he was in a hurry to get home as it was that time of day)
I took the number plate and the company name from the side of the cab and as I had my kids in the car, so thought it unwise to enter some kind of road battle to get the guy to pull over.
When I got off the dual carriageway, I got out the car to see the damage;
It's not easy to see in the pictures, but it's a fingernail sized dent on the section between the doorframe and roof bars and its very noticeable
I phoned the company whose lorry it was and the girl on the phone explained that the MD was out, but could I email her some details and she'd pass it in to them. I promptly did this and today I got the following mail back from their MD ;
Following your calls to our office yesterday and your subsequent email below we have spoken to the driver of the vehicle you mentioned and he has confirmed that his trailer was in fact empty of waste at the time. Although we are not disputing that an object has hit your vehicle we do not believe this would have come directly from our vehicle and therefore can not accept liability for the damage.
We understand that this will not be satisfactory for you and suggest you take the matter up with your insurance company.
Your sincerely
Now if I contact my insurance company, they're going to contact theirs who are going to deny everything and my company, based on having no evidence, will end up making the repair payment themselves
Can someone tell me where I stand legally on this and how I can go about getting them to pay for the damage which was clearly their fault ?
Any advice would be greatly appreciated
Cheers
Graeme
It was particularly windy and I could see the large net/webbing on the top of the lorry was not fastened down and flapping around in the wind. I thought it safer not to get too close to the lorry, so I indicated and accelerated past. As I pulled out of his lane, I noticed the webbing rise up in the wind and a load of small items (maybe bolts or fastening clips) come from the top of the lorry and towards my car. I swerved to avoid them, but I heard one of them make an almighty thump as it hit the roof of my car.
The sound it made was so loud I was convinced there would be a fist sized hole in the car.
I flashed at the lorry and beeped my horn to get the guys attention, and I even pulled in front of the guy and waved at him to get his attention, but he just sped up and went past me (I guess he was in a hurry to get home as it was that time of day)
I took the number plate and the company name from the side of the cab and as I had my kids in the car, so thought it unwise to enter some kind of road battle to get the guy to pull over.
When I got off the dual carriageway, I got out the car to see the damage;
It's not easy to see in the pictures, but it's a fingernail sized dent on the section between the doorframe and roof bars and its very noticeable
I phoned the company whose lorry it was and the girl on the phone explained that the MD was out, but could I email her some details and she'd pass it in to them. I promptly did this and today I got the following mail back from their MD ;
Following your calls to our office yesterday and your subsequent email below we have spoken to the driver of the vehicle you mentioned and he has confirmed that his trailer was in fact empty of waste at the time. Although we are not disputing that an object has hit your vehicle we do not believe this would have come directly from our vehicle and therefore can not accept liability for the damage.
We understand that this will not be satisfactory for you and suggest you take the matter up with your insurance company.
Your sincerely
Now if I contact my insurance company, they're going to contact theirs who are going to deny everything and my company, based on having no evidence, will end up making the repair payment themselves
Can someone tell me where I stand legally on this and how I can go about getting them to pay for the damage which was clearly their fault ?
Any advice would be greatly appreciated
Cheers
Graeme
edo said:
They were bound to do that. IMHO I would not get my insurance company involved - even a no fault claim will raise your premium.
I would write to them formally explaining that you will involve the police if they do not take you seriously.
I don't see any crime committed here. Failure to stop after an accident - I doubt it?I would write to them formally explaining that you will involve the police if they do not take you seriously.
I'd look into getting a smart repair done, and then move on.
By the sounds of it, you're in for a world of pain trying to get anything out of the van company. You're more likely to end up with a claim / accident on your record for insurance purposes and a gentle spanking come renewal time.
Suck it up, get the smart repair done and move on.
By the sounds of it, you're in for a world of pain trying to get anything out of the van company. You're more likely to end up with a claim / accident on your record for insurance purposes and a gentle spanking come renewal time.
Suck it up, get the smart repair done and move on.
To be fair to the company, if you can't actually prove it happened (i.e. through video evidence or similar) then it's easy to see why they're fobbing you off.
I'd probably write back to them and explain that you won't pursue it because you can't prove it was them but that, essentially, the driver is lying and that there was stuff flapping around and it did hit your car.
And with the greatest respect, and not wanting to sound like a dick - but if you can afford to run an RS4, I'm sure you can afford to fix a "fingernail sized dent" on your car.
I'd probably write back to them and explain that you won't pursue it because you can't prove it was them but that, essentially, the driver is lying and that there was stuff flapping around and it did hit your car.
And with the greatest respect, and not wanting to sound like a dick - but if you can afford to run an RS4, I'm sure you can afford to fix a "fingernail sized dent" on your car.
Edited by Chicane-UK on Thursday 18th October 17:11
The 'crime' could be a badly secured load (or whatever the appropriate legal term is). Although as pointed out, trying to prove this could be difficult.
A few years back, the windscreen of my wifes car was chipped by stones falling out of a skip lorry that she was following. After some badgering, they coughed up some cash 'without prejudice', so it might be worth another letter or two.
A few years back, the windscreen of my wifes car was chipped by stones falling out of a skip lorry that she was following. After some badgering, they coughed up some cash 'without prejudice', so it might be worth another letter or two.
If the paint isn't damaged then it should be an easy fix for a paintless dent repair man and should cost you no more than around £70.
I know its annoying but I dont think there is going to be much else you can do.
I had a similar situation a few yrs ago when I got cut up on a roundabout by a stobart waggon.I thought he just clipped my wing mirror so i took his reg and went home.When i got home i found he had scuffed half the side of my car.I contacted them but to cut a long story short I didn't have a leg to stand on and had to cough up myself as the cost of the repair was as much as my excess.
Just one of those things.
I know its annoying but I dont think there is going to be much else you can do.
I had a similar situation a few yrs ago when I got cut up on a roundabout by a stobart waggon.I thought he just clipped my wing mirror so i took his reg and went home.When i got home i found he had scuffed half the side of my car.I contacted them but to cut a long story short I didn't have a leg to stand on and had to cough up myself as the cost of the repair was as much as my excess.
Just one of those things.
i can understand your frustration at this situation which sucks but with no real proof against the driver they will of course deny it.
As tough as it may sound its probably just better to pay for a repair without involving your insurer and not bothering with the company involved as with no video proof or independant witnesses theres little chance of a claim against them.
As tough as it may sound its probably just better to pay for a repair without involving your insurer and not bothering with the company involved as with no video proof or independant witnesses theres little chance of a claim against them.
Chicane-UK said:
And with the greatest respect, and not wanting to sound like a dick - but if you can afford to run an RS4, I'm sure you can afford to fix a "fingernail sized dent" on your car.
When people say "with the greatest of respect" this is normally followed by something offensive, and you haven't failed in that regard. The value of his car has f
k all to do with it.From past experience, you'll get nowhere with the haulage firm.
I suffered £6k worth of damage to my car by an object coming off a truck. The truck never stopped or was ever traced. I had to claim off my own insurance and have a no fault claim on my "record".
In a different incident, I had some sharp object come off a truck and bounce across the roof of my then 6 month old car. I'm now left with 3 deep gouges on my 18 month old car.
The worst incident I've witnessed was a tipper flying along the M8 with rather large pieces of stone/rock spraying over the top of the trailer because the knobhead driver hadn't bothered putting a cover across.
It's not an uncommon incident but almost impossible to prove.
I suffered £6k worth of damage to my car by an object coming off a truck. The truck never stopped or was ever traced. I had to claim off my own insurance and have a no fault claim on my "record".
In a different incident, I had some sharp object come off a truck and bounce across the roof of my then 6 month old car. I'm now left with 3 deep gouges on my 18 month old car.
The worst incident I've witnessed was a tipper flying along the M8 with rather large pieces of stone/rock spraying over the top of the trailer because the knobhead driver hadn't bothered putting a cover across.
It's not an uncommon incident but almost impossible to prove.
Been thinking.
Are you are sure you saw an object leave the vehicle and then strike you car? No not then stop here.
if you are sure, you could take the company to the small claims court. this could go 3 ways:
- the company might not bother to turn up and you win (and then have to get the money from them)
- a magistrate might think that your clear evidence is stronger than a driver claiming he had no load
- you might lose. (I'm pretty sure in small claims that you can't pick up 3rd party costs in this case)
I'm no lawyer, so this might be wrong, but I would talk to the CAB and see what they think.
Or accept life isn't always fair....
Are you are sure you saw an object leave the vehicle and then strike you car? No not then stop here.
if you are sure, you could take the company to the small claims court. this could go 3 ways:
- the company might not bother to turn up and you win (and then have to get the money from them)
- a magistrate might think that your clear evidence is stronger than a driver claiming he had no load
- you might lose. (I'm pretty sure in small claims that you can't pick up 3rd party costs in this case)
I'm no lawyer, so this might be wrong, but I would talk to the CAB and see what they think.
Or accept life isn't always fair....
shirleynot said:
Legally you are entitled to nothing without any proof and/or witnesses.
Is he not a witness who can provide proof by oral testimony? Could you just point us to the legislation or authority that supports a contention that this is not enough, it would make life a lot easier for a lot of lawyers. I'd not bother with all the hassle (which it will be)and have a paintless dent repair done, Looking at that dent it looks like they should be able to 'lift' the dent ok without have to get behind it.I have a mate that does all my cars and wouldn't charge more than £20, hardly worth claiming is it? You probably are looking at around £70-£80 cold.
balls-out said:
Really - is that the law? Doesn't sound right to me.
It may not be the law, but it basically comes under burden of proof. If you have none, then you don't have a case. That's why you always need independent witnesses or material evidence.In this case, with no witness to corroborate what happened, and nothing to link the dent to the lorry, then you have no case.
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