Do I need the insurance company to do this?
Do I need the insurance company to do this?
Author
Discussion

davek_964

Original Poster:

11,298 posts

205 months

Friday 20th April 2018
quotequote all
I nipped out at lunchtime, and coming back suddenly found an oncoming lorry moving to well over my side of the road. I veered left, avoided him but it resulted in me hitting the kerb.
I have slight damage to both wheels, and two flat tyres - and I guess may have damaged something else, but at the very least will need tracking. Fortunately, I have a camera in my car - so I should have his registration and should also be able to see if his behaviour was due to using his phone or something when I get a chance to check the footage.

I expect his insurers to be paying for the damage to my car. Do I pursue it myself somehow, or use my insurers to chase it - which presumably results in a claim history even if it's no fault.

Rtype

366 posts

135 months

Friday 20th April 2018
quotequote all
This will not be paid by his insurers. Sorry to say! Ultimately if you wanted them to do so (although no one would do this in real life) let him hit you.

davek_964

Original Poster:

11,298 posts

205 months

Friday 20th April 2018
quotequote all
Rtype said:
This will not be paid by his insurers. Sorry to say! Ultimately if you wanted them to do so (although no one would do this in real life) let him hit you.
Ok.

But if it shows him using his phone, I will make him pay or take the footage to the police

TwigtheWonderkid

49,088 posts

180 months

Friday 20th April 2018
quotequote all
Rtype said:
This will not be paid by his insurers. Sorry to say! Ultimately if you wanted them to do so (although no one would do this in real life) let him hit you.
Making a claim against someone who didn't hit you is very difficult, but with dashcam footage it should make it far more likely to be successful.

OverSteery

3,794 posts

261 months

Friday 20th April 2018
quotequote all
Rtype said:
This will not be paid by his insurers. Sorry to say! Ultimately if you wanted them to do so (although no one would do this in real life) let him hit you.
What makes you say that ? whilst more difficult to prove, I would say they definitely are

SydneyBridge

11,761 posts

188 months

Friday 20th April 2018
quotequote all
English or foreign lorry?

it's human nature to avoid take action to avoid a collision but no reason you cant make a claim for the damage

davek_964

Original Poster:

11,298 posts

205 months

Friday 20th April 2018
quotequote all
SydneyBridge said:
English or foreign lorry?

it's human nature to avoid take action to avoid a collision but no reason you cant make a claim for the damage
I believe English - it wasn't a huge lorry. Will check the camera later

Fish

4,063 posts

312 months

Friday 20th April 2018
quotequote all
If the lorry was going to hit you you have mitigated the lorries insurers losses by hitting the kurb.. More difficult to prove but I would think claimable..

Pica-Pica

16,605 posts

114 months

Friday 20th April 2018
quotequote all
davek_964 said:
SydneyBridge said:
English or foreign lorry?

it's human nature to avoid take action to avoid a collision but no reason you cant make a claim for the damage
I believe English - it wasn't a huge lorry. Will check the camera later
Tell you what, check your camera first, rather than feed us dribs and drabs as so many posters do.

davek_964

Original Poster:

11,298 posts

205 months

Friday 20th April 2018
quotequote all
Right, yes it is a UK lorry and I can see the registration.

The road is almost straight but there is a very slight bend at this point - basically he was cutting the bend. He wasn't as far over as I thought - his tyres were just on my side of the white line - however because it was a slight left hand bend (for me), and not a particularly wide road - it gave me no space.

Sadly, even I can see that he's not fat enough over that I'd have much chance of making his insurance pay - so while I'm quite sure it's his fault, it looks like I'm paying for it.

On the plus side, at least I know the camera still works.

Sheepshanks

41,058 posts

149 months

Friday 20th April 2018
quotequote all
davek_964 said:
On the plus side, at least I know the camera still works.
Thank Heavens for dash cams.

davek_964

Original Poster:

11,298 posts

205 months

Friday 20th April 2018
quotequote all
Sheepshanks said:
Thank Heavens for dash cams.
Actually, yes.

Watching the video again, I noticed that the front of the car dips as you hear two quick bangs as the tyres explode. Which made me suspect a pothole.

Sure enough, returned there tonight and I didn't hit the kerb. I hit this :




I have a video where you can hear the tyres explode as I hit this. The council will be paying for the repairs.

Sheepshanks

41,058 posts

149 months

Friday 20th April 2018
quotequote all
davek_964 said:
The council will be paying for the repairs.
Good luck!

Rtype

366 posts

135 months

Friday 20th April 2018
quotequote all
Hope it goes well for you

TwigtheWonderkid

49,088 posts

180 months

Friday 20th April 2018
quotequote all
davek_964 said:
The council will be paying for the repairs.
Ha, you've got more chance with the lorry.

davamer23

1,158 posts

184 months

Friday 20th April 2018
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You’d have a better chance of getting the long since melted ice and snow that caused the pothole to pay for the damage.

The ice will pay

Sheepshanks

41,058 posts

149 months

Friday 20th April 2018
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Next stop, GoFundMe.

Alucidnation

16,810 posts

200 months

Saturday 21st April 2018
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Upload the video op

Vibes

36 posts

192 months

Saturday 21st April 2018
quotequote all
Yes, we need to see the video to evaluate the chances of success. Please.

davek_964

Original Poster:

11,298 posts

205 months

Tuesday 27th November 2018
quotequote all
An update for those of you who thought that claiming from the council was pointless :

TwigtheWonderkid said:
davek_964 said:
The council will be paying for the repairs.
Ha, you've got more chance with the lorry.
davamer23 said:
You’d have a better chance of getting the long since melted ice and snow that caused the pothole to pay for the damage.

The ice will pay
Sheepshanks said:
Next stop, GoFundMe.
I waited for the allowed 3 months, then contacted the council. They apologised for the backlog, said they would look at it eventually but gave no timescale. However - it clearly woke them up, because a day later they told me that it was the responsibility of the company they use for road maintenance (Skanska) and so they were passing it to them.
I called Skanska a few weeks later - after a phone conversation they acknowledged receipt of the claim but couldn't promise when it would be looked at.

I've had to call them 3 or 4 times since then to chase it - always been told it would be prioritised, but then hear nothing and call them a few weeks later. But today, they have acknowledged liability and emailed me to ask for my bank details.

It's taken about 5 months since I submitted the claim (start of June) and apart from patience and a phone call every few weeks has been quite painless.