Car hit by lorry and driver is denying liability

[AlpineF30]

Putting this up on behalf on my Mum

She was coming down a country road and a lorry was coming the other way.

She got the car stopped and pulled into the hedge and get the mirrors pulled in but the lorry drove on

The trailer of the lorry hit the wing mirror and smashed the cap and indicator.

The driver has denied all liability.

The police were called but they basically said sort it between yourselves.

Is there anything can be done or is it just a case of take it on the chin and get it fixed?

 

[Nicky]

She’s lucky that’s all the damage to have come from that.

Did you get the company name off the lorry?

 

[Artoir]

Contact the operator of the lorry. Driver is just chancing his luck.

 

[AlpineF30]

She’s lucky that’s all the damage to have come from that.

Did you get the company name off the lorry?

Yeah got the name and she rang but they basically told her where to go

 

[NeilMcG]

Putting this up on behalf on my Mum

She was coming down a country road and a lorry was coming the other way.

She got the car stopped and pulled into the hedge and get the mirrors pulled in but the lorry drove on

The trailer of the lorry hit the wing mirror and smashed the cap and indicator.

The driver has denied all liability.

The police were called but they basically said sort it between yourselves.

Is there anything can be done or is it just a case of take it on the chin and get it fixed?

View attachment 237881

Happy to give you (your mum) advice on your options in this scenario, please email me your contact details to neil@boydricesolicitors.com in the morning and I will give you a call.

 

[Dervhead]

50/50

 

[Nicky]

50/50

If you mean “50/50” in a sense of she fixes her own car and the lorry driver sorts any damage to his vehicle, then that is not the correct way of things. That would be known as “bear all loss”.

50/50 is when all repairs and costs are completed and covered and the final bill is then settled at 50% by each party. In this case, and for very loose figures, it could be £50 to repair the paint on the lorry and £250 to repair the wing mirror of the car meaning a £300 total, therefore each party is due to cover £150 of costs.

 

[chris_b]

Pretty poor of the driver to not accept responsibility, especially if your mum was actually stationary ! Poor driving too.
She can defo get sorted though, you should ask for the general manager or find out the owner of whatever company it is.
Failing that, plenty on her involved in that world if you wanna get someone on the inside

 

[Dervhead]

If you mean “50/50” in a sense of she fixes her own car and the lorry driver sorts any damage to his vehicle, then that is not the correct way of things. That would be known as “bear all loss”.

50/50 is when all repairs and costs are completed and covered and the final bill is then settled at 50% by each party. In this case, and for very loose figures, it could be £50 to repair the paint on the lorry and £250 to repair the wing mirror of the car meaning a £300 total, therefore each party is due to cover £150 of costs.

Whatever a wing mirror costs and £50 for paint on the lorry (yeah right lol), it’s a 50/50 bill split, fix your own, suck it up “accident”. The OP was talking about liability and so am I, 50/50 or ‘“as much yer ma’s fault as yer mans” I would say. However you want to deal with it it will be 50/50, you fix your half, I’ll fix mine lol. Most people get what is implied. Don’t forget you still have to tell your insurance whatever you decide OP.

 

[Steviegsi]

That fridge wouldn't happen to be white with a blue stripe on it would it?

 

[Nicky]

Whatever a wing mirror costs and £50 for paint on the lorry (yeah right lol), it’s a 50/50 bill split, fix your own, suck it up “accident”. The OP was talking about liability and so am I, 50/50 or ‘“as much yer ma’s fault as yer mans” I would say. However you want to deal with it it will be 50/50, you fix your half, I’ll fix mine lol. Most people get what is implied. Don’t forget you still have to tell your insurance whatever you decide OP.

That’s a very contradictory post.

You’re on about splitting the liability 50/50 yet also wanting each party to bear their own loss which isn’t 50/50 as 1 party will almost certainly be out more than the other...?

It can’t be both BAL and 50/50...

 

[Big Pimp]

I would make a couple of public posts on their Facebook to see how quickly they respond

 

[pablo]

Dashcams FTW in these scenarios

 

[southsky sunrise]

Bound to be someone further up the corporate ladder you could contact if the drivers being a di ck? Main thing is your mums ok but...

 

[Wild Thing]

Contact the companies transport manager, explain the situation, if he is being a **** also he is not doing his job. He should interview the driver and get his version of events. What you need to remember is for some drivers this could be the difference between employment and unemployment so the stakes can be high and maybe the driver is in panic mode and being economical with the truth.
Was this a case of both vehicles getting stopped and the lorry slowly squeezing past, or was this bully boy stuff with the trucker charging through. So many scenarios to evaluate. But as big pimp says social media is the lebverage if all else fails, but you will not be able to post anything on their business page

 

[NI_Volvo_Nut]

If there is no white lines on the road the lorry shouldn't be using it (law statement not mine) so the lorry is responsible even if they weren't. Get after the company owning the lorry.

 

[Dervhead]

That’s a very contradictory post.

You’re on about splitting the liability 50/50 yet also wanting each party to bear their own loss which isn’t 50/50 as 1 party will almost certainly be out more than the other...?

It can’t be both BAL and 50/50...

 

[Dervhead]

Dashcams FTW in these scenarios

The only way you’d have a hope is if you could prove you were stationary “for a period of time” (when the the lorry hit you). That’s what I think anyway. Only way to prove that really, as you say, is a dash cam.

 

[simy]

If there is no white lines on the road the lorry shouldn't be using it (law statement not mine) so the lorry is responsible even if they weren't. Get after the company owning the lorry.

Is this correct, that lorry's shouldn't be using smaller roads, cant be right?
Came face to face with a Morgan McLernon on the Terryhogan Rd outside Scarva a while ago and was very lucky to get stopped in time.

 

[NI_Volvo_Nut]

They are legally allowed on them but are oversized for the road, only roads without white lines.

I've never looked for it in law but I know a few who have had contact in similar circumstances and this was the outcome

 

[Deleted member 13907]

Is this correct, that lorry's shouldn't be using smaller roads, cant be right?
Came face to face with a Morgan McLernon on the Terryhogan Rd outside Scarva a while ago and was very lucky to get stopped in time.

They always fly across that road!

 

[quattro Rick]

They are legally allowed on them but are oversized for the road, only roads without white lines.

I've never looked for it in law but I know a few who have had contact in similar circumstances and this was the outcome

Never heard this one myself either tbh, the way I understood it was you're only not allowed on roads with weight limits and obviously you'll not fit if there's any height or width restrictions.

A lot of warehouses and yards are located on roads with no white lines, so I wonder how that would work in an instance like that.

 

[K55]

You wouldn't exactly notice knocking somebody's wing mirror off their car, so perhaps he thinks your mum is trying it on (plenty have done).

Just saying....

 

[stevieturbo]

Dashcams FTW in these scenarios

Absolutely....too many if's otherwise.

 

[Boksic]

If the company is now based in the old Michelin site, keep at them and push it, they've ****ed over enough people so make sure she gets it fixed, plus a feed or something for the hassle of them getting on like complete ****s.

Also ask if the lorry has dashcam footage of it because that would clear things up straight away