Got rear shunted - Other person denies they did it

Outcast · 29 Jun 2015 at 17:16

Scania said:
His mistake was not anticipating the actions of the 7.5 tonner tbh, as a matter of routine if I'm passing a layby where it looks like a vehicle is going to exit, I pull over into lane two or back off, it's extremely unlikely the other truck just pulled straight out, it should have been apparent to an experienced driver what he could do or want to do.

Forward thinking and anticipation is essential driving most vehicles, especially a class 1 HGV, he was a noob indeed!

That's exactly what I do.

His problem has been exacerbated by the fact that the very previous day just south of this layby he got caught out in the tram tracks and side-swiped a continental wagon having a break in one of those skinny laybys. He got the Merc the day after because his was in for repair.

He wants to come off the road now and be a shunter !!

Regarding trapping the traffic... Obviously only until the police take control of the situation.

[Edit]

Face book message from my daughter just now

Wu63 00c
Langdons lorry who nearly sent me to meet your dad just now

what happened ?
I'll have a word.

Pulled out on me while I was in the fast lane. I mean seriously cut me up, ABS and everything
Trailer almost took my front end out

ok....Glad your ok
I will have a word

Ok. I don't know if was a genuine mistake, he did wave as I went passed afterwards. But even so it could have been bad
indeed.

It was Shak.. The coloured dude who lives round the corner from us

I couldn't see who it was
I thought he was white

be careful out there.

I don't want him to lose his job, but sorry isn't going to help if it was a granny who has slow reaction time (because any slower and it would've got me) and she was sent into to other lanes

Sunny day makes people even more dozy !

indeed. Well .. Scott & Dave know so I suspect they have a quiet word in his lugole

konicky · 29 Jun 2015 at 17:54

TheVoice said:
How often are you crashed into that you've developed a routine?!

My thoughts exactly !

Akagi · 29 Jun 2015 at 18:03

Posting for future reference.

Good luck OP.

bainbridge · 29 Jun 2015 at 20:02

ADT said:
Unlucky pal. Push to take it to court if they don't play ball. People these days.

Op has no legal cover so will be paying for that himself and will get nothing back if unsuccessful.

Scania · 29 Jun 2015 at 20:28

Outcast said:
That's exactly what I do.

His problem has been exacerbated by the fact that the very previous day just south of this layby he got caught out in the tram tracks and side-swiped a continental wagon having a break in one of those skinny laybys. He got the Merc the day after because his was in for repair.

He wants to come off the road now and be a shunter !!

Regarding trapping the traffic... Obviously only until the police take control of the situation.

[Edit]

Face book message from my daughter just now

Wu63 00c
Langdons lorry who nearly sent me to meet your dad just now

what happened ?
I'll have a word.

Pulled out on me while I was in the fast lane. I mean seriously cut me up, ABS and everything
Trailer almost took my front end out

ok....Glad your ok
I will have a word

Ok. I don't know if was a genuine mistake, he did wave as I went passed afterwards. But even so it could have been bad
indeed.

It was Shak.. The coloured dude who lives round the corner from us

I couldn't see who it was
I thought he was white

be careful out there.

I don't want him to lose his job, but sorry isn't going to help if it was a granny who has slow reaction time (because any slower and it would've got me) and she was sent into to other lanes

Sunny day makes people even more dozy !

indeed. Well .. Scott & Dave know so I suspect they have a quiet word in his lugole

Blimey!

I Think he needs a career change! :eek:

Haggisman · 30 Jun 2015 at 09:52

bainbridge said:
Op has no legal cover so will be paying for that himself and will get nothing back if unsuccessful.

Small claims?

Diagro · 30 Jun 2015 at 10:21

Yes Small claims may work in this situation.
You have a decent amount of proof. A Court may agree

Amleto · 30 Jun 2015 at 12:58

ADT said:
Unlucky pal. Push to take it to court if they don't play ball. People these days.

bainbridge said:
Op has no legal cover so will be paying for that himself and will get nothing back if unsuccessful.

Haggisman said:
Small claims?

Err, yes, that's what they're talking about...

Haggisman · 30 Jun 2015 at 12:59

It's certainly the route I'd be taking if she refused to play ball - you never know, the Letter Before Action may scare her into admitting it (since I'm guessing if you win in court, SHE would have to pay it rather than being able to then pass it onto the insurance co?)

HangTime · 30 Jun 2015 at 22:47

decmatt said:
I can pay £100 flat fee to use their services

I don't know what other options are available but £100 flat fee (if recoverable upon victory) sounds worth considering to me, although obviously you'd need confidence that they would pursue the case accordingly.

decmatt · 21 Aug 2015 at 18:06

Just thought I'd give an update, other persons insurance has paid in full on a without prejudice basis

mysticsniper · 21 Aug 2015 at 18:27

decmatt said:
Just thought I'd give an update, other persons insurance has paid in full on a without prejudice basis

Winner, and about time.

Finglonga · 21 Aug 2015 at 18:48

Excellent result!

traveyb · 21 Aug 2015 at 19:16

Nice result!

lemonade · 21 Aug 2015 at 22:57

Good stuff and that was pretty quick. How did it come about in the end? Did she admit fault?

Tute · 22 Aug 2015 at 04:33

Presumably she will be chased for fraud then?

decmatt · 22 Aug 2015 at 09:04

lemonade said:
Good stuff and that was pretty quick. How did it come about in the end? Did she admit fault?

Nope, they have paid out on a 'without prejudice' basis.

Had it explained that they are not admitting liability, but don't want to fight it in court. The money has been recovered 100% so it won't effect my NCB.

Whether they are chasing her or anything, I don't know.

Em3bbs · 22 Aug 2015 at 10:51

If only you'd spent loads on a dashcam install, oh wait.

Rambaud · 23 Aug 2015 at 20:38

At the moment, this is merely a civil matter.

However, her lying to a judge is perjury which is a criminal matter and can involve a custodial sentence. I have yet to come across a person who still wishes to persist in a denial.