Insurance claim - lorry blown onto van...
Discussion
Assuming this to be a high sided HGV, I would expect that the driver should be aware of the effect of wind on their vehicle and drive accoringly (use of speed, awaeness of gaps in side hedges, embankments etc.).
The other insurance company may try and chaim that there was no neglegence and so no liability. The fact that other drivers didn't crash my help refute this.
It would help if your driver was in a position to say that they were doing a steady overtake and not just hnaging around in the danger zone level with the heavy whaiting for space in front.
The other insurance company may try and chaim that there was no neglegence and so no liability. The fact that other drivers didn't crash my help refute this.
It would help if your driver was in a position to say that they were doing a steady overtake and not just hnaging around in the danger zone level with the heavy whaiting for space in front.
Surely the lorry collided with the van? For whatever reason, it collided with the van, not the other way round. I hate insurance slopy shouldered arguments. If a gust of wind blew me in my Volvo into the path of another vehicle, I'd expect to have to pay up, whether I hit him from the side or the top.
Starfighter said:
The other insurance company may try and chaim that there was no neglegence and so no liability. The fact that other drivers didn't crash my help refute this.
Wouldn't make a difference, you could have a dozen trucks in the same area and only one blown over. The wind that blows trucks over is normally localised gustsH_Kan said:
Surely a straight forward non fault claim against the lorry insurance?
He may not have been negligent, but clearly their fault. If my brakes fail and I rear end somebody then it will be my fault (as a party, albeit not as an individual), don't see how this is any different.
Negligence means liability. There is no other concept of "fault" you can fall back on (apart from "well the only possible explanation was negligence"). He may not have been negligent, but clearly their fault. If my brakes fail and I rear end somebody then it will be my fault (as a party, albeit not as an individual), don't see how this is any different.
So unless you can show the driver knew it was too windy, or had packed the thing badly etc then they proably won't be liable. Might stick if it had been windy for miles and they had prior warning.
roads nearby closed to high siders due to high winds, but no restriction on this road
it does seem that its a no fault claim on the lorry's insurance policy
given that we need a replacement van (we work our vans hard and they don't sit idle for long), I am thinking of just passing it over to an accident management company
are there any pitfalls in doing that?
it does seem that its a no fault claim on the lorry's insurance policy
given that we need a replacement van (we work our vans hard and they don't sit idle for long), I am thinking of just passing it over to an accident management company
are there any pitfalls in doing that?
Noger said:
Negligence means liability. There is no other concept of "fault" you can fall back on (apart from "well the only possible explanation was negligence").
So unless you can show the driver knew it was too windy, or had packed the thing badly etc then they proably won't be liable. Might stick if it had been windy for miles and they had prior warning.
Say I maintain my car well. One day have an unforeseen blow out and crash into another car. Blow out is totally unexpected and nobody could have detected it.So unless you can show the driver knew it was too windy, or had packed the thing badly etc then they proably won't be liable. Might stick if it had been windy for miles and they had prior warning.
Surely in this case, it would be MY insurers who pick up the tab. Unfortunate for me, but quite clearly nothing to do with the other party.
JPJPJP said:
roads nearby closed to high siders due to high winds, but no restriction on this road
it does seem that its a no fault claim on the lorry's insurance policy
given that we need a replacement van (we work our vans hard and they don't sit idle for long), I am thinking of just passing it over to an accident management company
are there any pitfalls in doing that?
Shouldn't be, commercial insurance normally has replacement vehicle cover as standard due to the nature of the business. Varies however.it does seem that its a no fault claim on the lorry's insurance policy
given that we need a replacement van (we work our vans hard and they don't sit idle for long), I am thinking of just passing it over to an accident management company
are there any pitfalls in doing that?
H_Kan said:
Noger said:
Negligence means liability. There is no other concept of "fault" you can fall back on (apart from "well the only possible explanation was negligence").
So unless you can show the driver knew it was too windy, or had packed the thing badly etc then they proably won't be liable. Might stick if it had been windy for miles and they had prior warning.
Say I maintain my car well. One day have an unforeseen blow out and crash into another car. Blow out is totally unexpected and nobody could have detected it.So unless you can show the driver knew it was too windy, or had packed the thing badly etc then they proably won't be liable. Might stick if it had been windy for miles and they had prior warning.
Surely in this case, it would be MY insurers who pick up the tab. Unfortunate for me, but quite clearly nothing to do with the other party.
So - if you only have 3rd party fire and theft, beware, this kinda thing could leave you out of pocket
H_Kan said:
Noger said:
Negligence means liability. There is no other concept of "fault" you can fall back on (apart from "well the only possible explanation was negligence").
So unless you can show the driver knew it was too windy, or had packed the thing badly etc then they proably won't be liable. Might stick if it had been windy for miles and they had prior warning.
Say I maintain my car well. One day have an unforeseen blow out and crash into another car. Blow out is totally unexpected and nobody could have detected it.So unless you can show the driver knew it was too windy, or had packed the thing badly etc then they proably won't be liable. Might stick if it had been windy for miles and they had prior warning.
Surely in this case, it would be MY insurers who pick up the tab. Unfortunate for me, but quite clearly nothing to do with the other party.
Won't quote the case law, but that how it works.
In this case, there would seem grounds to suggest that they did breach their duty of case (using high sided vehicle in conditions they knew to be dangerous). Thus it could be reasonably foreseeable. Solicitor/Accident mgt co will give clearer advice on merits of claiming.
H_Kan said:
Noger said:
Negligence means liability. There is no other concept of "fault" you can fall back on (apart from "well the only possible explanation was negligence").
So unless you can show the driver knew it was too windy, or had packed the thing badly etc then they proably won't be liable. Might stick if it had been windy for miles and they had prior warning.
Say I maintain my car well. One day have an unforeseen blow out and crash into another car. Blow out is totally unexpected and nobody could have detected it.So unless you can show the driver knew it was too windy, or had packed the thing badly etc then they proably won't be liable. Might stick if it had been windy for miles and they had prior warning.
Surely in this case, it would be MY insurers who pick up the tab. Unfortunate for me, but quite clearly nothing to do with the other party.
A van was parked next to a mates garage. It bust into flames (presumably a wiring fault) and burnt down the garage and all contents but the van drivers insurer didn't pay as it had a service history and no known faults.
Liability as has been discussed is bassed on negligence, I've seen a fair few snow related accidents where say person A was sliding down a hill, person B is skidding and goes into person As lane and hits them head on, no negligence there as both parties are unable to be in control of their vehicle due to conditions, sometimes these are settled 50/50 on the basis that both parties choseto drive in those conditions and it constitutes negligence
insurance companies refuse claims every day due to no negligence, the most common example is Automatism, so having an unexpected blackout at the wheel, or if stung by a wasp or sneeze and loose control and hit someone.
insurance companies refuse claims every day due to no negligence, the most common example is Automatism, so having an unexpected blackout at the wheel, or if stung by a wasp or sneeze and loose control and hit someone.
Jobbo said:
You could easily argue that the lorry driver had been negligent in driving in such conditions or in the manner of controlling his vehicle, and thus make a case.
You dont get a choice whether to drive in high winds or not, if you refused to take the truck out you would never work again end of.car crazy said:
You dont get a choice whether to drive in high winds or not, if you refused to take the truck out you would never work again end of.
f
k me, I hope you're not a "professional driver".If in the driver's opinion it is too dangerous to drive a vehicle, then he must not drive it. It is the driver who is respnsible for the vehicle its safety and that of other road users in the vicinity of it. Same as if he knows the vehicle is unroadworthy. If his employer takes issue with this, there is restitution via tribunals and Courts etc. This the ONLY way to proceed, if someone takes a truck out in dangerous conditions because your boss tells you to, then they are an irresponsible fool (as is the boss) who should not have their liberty never mind be on the road.
Sounds like all had a lucky escape in this case, or maybe was unlucky and got caught by a "freak gust" but bearing in mind it has been blowing like a Las Vegas hooker for the last three days, I'd be surprised if the truck driver is not to blame.
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