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Legal matters

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Original poster

Lorry driver wrote off my car, now denying responsibility

12 replies

Greene01 · 16/10/2015 14:52

Looking for advice/support/????

In August a 50 ton lorry knocked into us and pushed us sideways along the motorway for a bit before realising we were even there. He apologised at the site of the accident. I was understandably besides myself with distress and shock. 2 months on and after phoning the insurance company today hear that he has denied responsibility. After getting a payout for £650 (£1 000 minus excess) from my insurance company, my life has been quite impacted by the financial loss of having to replace my car. My injuries were fairly minor as we were both going 50 mph on the M3 in the roadworks, but I still lost time off my self employed job as a physio, and work was quite painful when I did go back due to whiplash and upper back pain. Driving has gotten better as I have no option but to just get on with it. I am devastated to find the driver, who seemed like a decent fellow (English driver, English truck company) at the site of the accident, now is denying, knowing that this will make our lives much harder. I am a single mom. Luckily my teenage daughter and her friend were not injured, although having said that, my daughter will likely need some physio due to some thoracic pain. I am just reluctant to make even more paperwork, and have given her some treatment myself at home. I suppose I just want to know if anyone else has been through similar and has any advice.

OP posts:

PolterGoose · 16/10/2015 16:44

This reply has been deleted

Message withdrawn at poster's request.

Whatevva · 16/10/2015 16:55

My DH had an accident where the person who drove into him denied it and blamed him. He wrote a clear account on the form and the CSMA legal department dealt with it. It came back with £10 for a bump on the head too (it was a while ago).

I think denying it is par for the course. KOKO

CointreauVersial · 16/10/2015 17:11

In cases like this you normally need an independent witness who can say what happened (ie not someone in your car). Photos, statements etc. As Polter says, your insurance company will be very keen to mitigate their losses (ie make the other party pay) but unless things are pretty clear cut they often just agree on shared responsibility. So you really need to make a clear, watertight case that it wasn't your fault.

Were the police called? In my case, the third party was also denying liability but then I had a letter from the police saying they were prosecuting him for Driving Without Due Care & Attention. I forwarded that to my insurance company and funnily enough he admitted liability almost immediately.

Have your insurance company settled with the lorry driver's insurance company yet? It may be they are still sorting it out (these things take months and months). If they decide he's liable you can claim for "uninsured losses" and can get back your excess and any money you've spent on physio, time off work etc. So keep records.

wowfudge · 16/10/2015 18:32

If you were in roadworks with a 50 mph limit there could well be video footage of the incident from speed cameras. Did no emergency services or tow trucks attend?

Original poster

Greene01 · 16/10/2015 18:34

Thanks everyone. There was an independent witness, and he is prepared to give a statement, he was behind us on the motorway.

My insurance company, or the legal company they have put me in touch with have asked for my proof of uninsured expenses to date, and I have been for a doctors appointment with the insurance doctor.

The highway agency came along, I have a case number, but they did not call the police as there was no serious injury. I was surprised that the driver is not being held to account for careless driving, he changed lanes into us on a motorway, he could have killed us, we had a very lucky escape.

The insurance company/ legal company is just responding to my questions, it almost feels like no one really appreciates the impact or the horror of not only being hit by a 50 ton truck, but then the slow progress of the experience, being out of pocket and the injustice of this man rejecting his responsibility.

OP posts:

MotherOfFlagons · 16/10/2015 18:44

It's par for the course for drivers to deny responsibility after the accident. Don't worry, you have a witness, so even if they do try to argue it, it won't fly.

I had a Polish lorry driver pull out and clip my car and he just shrugged. Luckily I also had an independent witness who backed me 100% and it was eventually sorted. Expect it to take some time to resolve.

A scary experience for you though.

Jackmelad · 16/10/2015 19:59

I am currently in a similar situation, but the other driver didn't stop. Others would have seen the incident but due to where the accident took place no one stopped. The other drivers insurers are currently refusing to admit liability.

I feel your current pain and frustration. I personally feel that my insurance company are not really working hard on my behalf and the police have not yet confirmed if they will be following things up. I somehow doubt it.

however, you do have an independent witness, which is all in your favour and things should eventually be resolved.

noblegiraffe · 16/10/2015 20:05

The driver that crashed into me was arrested for being drunk at the scene and still it dragged on for 2 years. I had to sign a letter saying that I was willing to stand up in court and give my account if necessary, and that did help. The insurance company will do everything they can to block your claim, but in the end you've got the evidence so if it went to court it would be obvious who was to blame.

Collaborate · 16/10/2015 20:34

This is why everyone should get a dashboard camera. They cost under £100 and the video on them is in HD.

Jackmelad · 16/10/2015 20:42

I have one now, but a bit late to assist with my recent incident. Darn frustrated that the footage from the coach does not appear to have been requested.

Original poster

Greene01 · 16/10/2015 21:22

Wish I did have a dash cam. At least it would have shown me in my lane. He would not have appeared as he hit drivers side back door. It's funny how you think things will be investigated etc and then realise you are completely on your own.

OP posts:

Jackmelad · 16/10/2015 21:31

I really do feel on my own with my recent accident.

The last claim I made was prior to 2000 and my insurance company were brilliant, as was my solicitor and barrister. The latter should have been completely unnecessary as the other driver had admitted liability, but their insurers solicitor was less than competent over my injury claim to the extent that their barrister was only too keen to get the matter resolved on the court steps almost 5 years later.

So a dash cam may assist with liability, but you could still have a long and arduous journey before matters get resolved.

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