Objects falling from a cars boot

Objects falling from a cars boot

Author
Discussion

Sycamore

Original Poster:

1,765 posts

118 months

Wednesday 30th August 2017
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Hi all,

As I was driving home last night down a dual carriageway, there was a Zafira Taxi ~100 metres ahead of me or so.

His boot suddenly opened, and 5 or so sheets of plasterboard slid out and ended up bouncing across the road. I managed to switch lanes and drove over one sheet which was now flat, called the guy a wker under my breath and carried on home.

It just made me wonder, if I'd have plowed into the boards, or if the boards were actually a lawnmower or something which I crashed into, would fault still lie with the taxi, or would it be deemed similar to rear-ending someone, IE I should've left more room to take action.

I like to think that any damage would be covered under his insurance, as he either didn't shut the boot correctly or there was some sort of failure causing it to open, but seeing some of the st that happens on this forum I'm not so sure bounce

Zetec-S

5,867 posts

93 months

Wednesday 30th August 2017
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Potentially 3 points for the driver:

CU50 - Causing or likely to cause danger by reason of load or passengers

I'm pretty sure they'd be held at fault for failing to secure their load (vehicle not roadworthy?). The trouble would be trying to prove it if they didn't stop.

Bigends

5,415 posts

128 months

Wednesday 30th August 2017
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Insecure load - simple traffic offence

Dizeee

18,291 posts

206 months

Wednesday 30th August 2017
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But you should also be able to react to a hazard, so as with all insurance jobs if it did happen, 50 / 50 liability.

Zetec-S

5,867 posts

93 months

Wednesday 30th August 2017
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Dizeee said:
But you should also be able to react to a hazard, so as with all insurance jobs if it did happen, 50 / 50 liability.
Really? So if I pull out of a side road in front of someone I can say they're 50% responsible as they should have reacted?

Dizeee

18,291 posts

206 months

Wednesday 30th August 2017
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No because at a give way, you are legally obliged to give way to oncoming traffic. My comment was a bit tongue in cheek and based on insurance companies and their lovely processes.

The scenario above is one that can't be planned for. suddenly hazards have appeared in the carriageway, yes it is not the fault of the driver following, but, they do have an element of responsibilty to try and avoid them by 1) not driving too close and 2) paying attention to the road ahead. They may have been doing both of those things but they may also have been driving a little too close, and in conversation with someone, affecting their ability to react. Who would ever know which it was? And that's how insurance could try and deal with it.

What I am getitng at is that for insurance purposes, they almost always sek to settle at 50 / 50, and unless you have decent independant witnesses to back up one party or the other, it is hard to prove things. In the give way junction the usual story will be the emerging driver will say "it was clear when I looked and the oncoming car was driving too fast" vs the oncomer saying "he never looked and I was at the point of no return". It can be almost impossible to decipher exact positions, speeds and proximities of vehicles involved - how do you accurately split blame in the circumstances?

speedyman

1,524 posts

234 months

Wednesday 30th August 2017
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Our car was hit by a canoe which came off the back of a pickup truck denting the bonnet and smashing the windscreen. Their insurance company paid in full for the repairs to our car.

wack

2,103 posts

206 months

Wednesday 30th August 2017
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You'd be claiming off the taxi drivers public liability insurance not his car insurance so no 50/50 liability plus I'd fight like fk if some in an insurance office who wasnt there decided I was at fault because their client was a dozy tt

I very much doubt something falling out or off a vehicle would be subject to the normal rules

on the A14 I saw 2 bikes fall off some numpties car, the truck following mangled them up pretty well, bits of wheels and frame coming out the back, it's all air lines and pipes under there so I dread to think the kind of damage they did but what's the driver to do ,swerve 44T of truck

KungFuPanda

4,330 posts

170 months

Wednesday 30th August 2017
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wack said:
You'd be claiming off the taxi drivers public liability insurance not his car insurance so no 50/50 liability plus I'd fight like fk if some in an insurance office who wasnt there decided I was at fault because their client was a dozy tt

I very much doubt something falling out or off a vehicle would be subject to the normal rules

on the A14 I saw 2 bikes fall off some numpties car, the truck following mangled them up pretty well, bits of wheels and frame coming out the back, it's all air lines and pipes under there so I dread to think the kind of damage they did but what's the driver to do ,swerve 44T of truck
What are you on about? Taxi drivers just have normal motor insurance that cover them to operate as taxi drivers. It still covers their liabilities to third parties. There's no separate public liability insurance they carry.

Second Best

6,404 posts

181 months

Thursday 31st August 2017
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KungFuPanda said:
What are you on about? Taxi drivers just have normal motor insurance that cover them to operate as taxi drivers. It still covers their liabilities to third parties. There's no separate public liability insurance they carry.
Have you actually done any reading into public liability insurance?

Taxi drivers (at least, honest ones) generally carry public liability insurance as unlike your average private motorist, they actually carry members of the public in their vehicles.

Gareth79

7,661 posts

246 months

Thursday 31st August 2017
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This reminded me of when I had a Subaru Impreza, completely different problem though. The boot has these funny rubber flap vents in the inner rear wheelarches, for boot ventilation perhaps? Who knows. Anyway unbeknownst to me some lead shot pouches I had in the boot had slid around and knocked one out, dumped two onto the inside of the rear bumper, and one was lost on the road somewhere. I think I lost a ratchet strap end too, possibly more!

Alucidnation

16,810 posts

170 months

Thursday 31st August 2017
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I'd like to know how the fk you fit even just one sheet of plasterboard in a Zafira, let alone five or more.

Centurion07

10,381 posts

247 months

Thursday 31st August 2017
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wack said:
You'd be claiming off the taxi drivers public liability insurance not his car insurance...
No you wouldn't.


KungFuPanda said:
Taxi drivers just have normal motor insurance that cover them to operate as taxi drivers. It still covers their liabilities to third parties. There's no separate public liability insurance they carry.
Erm, yes they do.

My local council have changed their rules in the last few years requiring drivers to go from having liability cover of £2mill up to £10mill.

Fore Left

1,417 posts

182 months

Thursday 31st August 2017
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Alucidnation said:
I'd like to know how the fk you fit even just one sheet of plasterboard in a Zafira, let alone five or more.
They come is sizes other than 8'x4' you know biggrin

Sycamore

Original Poster:

1,765 posts

118 months

Thursday 31st August 2017
quotequote all
Fore Left said:
Alucidnation said:
I'd like to know how the fk you fit even just one sheet of plasterboard in a Zafira, let alone five or more.
They come is sizes other than 8'x4' you know biggrin
I told my dad about it and his first comment was how the fk did they fit hehe

They were broken/small sheets. Even more broken once they hit the floor.

SantaBarbara

3,244 posts

108 months

Saturday 9th September 2017
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Dizeee said:
But you should also be able to react to a hazard, so as with all insurance jobs if it did happen, 50 / 50 liability.
However, there can be circumstances in which there is no escape routes

Alucidnation

16,810 posts

170 months

Saturday 9th September 2017
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SantaBarbara said:
Dizeee said:
But you should also be able to react to a hazard, so as with all insurance jobs if it did happen, 50 / 50 liability.
However, there can be circumstances in which there is no escape routes
Wow.

Solocle

3,275 posts

84 months

Saturday 9th September 2017
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Unlike a car, plasterboard hitting the road surface can be the same effect as F1 brakes on a focus I'd reckon... basically, you can be leaving your 2 seconds and still unable to stop in time, as typically dropped items brake more quickly than vehicles can.

largelunchbox

583 posts

201 months

Sunday 10th September 2017
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Dizeee said:
But you should also be able to react to a hazard, so as with all insurance jobs if it did happen, 50 / 50 liability.
Absolute drivel, if that's the case we all need to leave at least 200m space in front, never gonna happen.

Dizeee

18,291 posts

206 months

Monday 11th September 2017
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largelunchbox said:
Absolute drivel, if that's the case we all need to leave at least 200m space in front, never gonna happen.
If you need 200m to react to a hazard in front of you, I would seriously re consider your ability to drive.