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Damage from something falling off a transported caravan - who's responsible?
mancs astra
post Thu, 4 Jul 2019 - 10:25
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Driving on the M1. a large piece of plastic siding came off a transported static caravan that was in front of me and slammed in my Astra doing a reasonable amount of damage.

The driver of the transport did pull over and showed me the panel that had come off and we took photos and exchanged details. My insurer has now got my car booked into a bodyshop as the damage is mainly cosmetic , but they aren't sure about liability as the driver of the transport 'wasn't at fault'

Is there a legal precedent for when things like this happen? I would hate for this claim to go against me as I don't think I did anything wrong.

Thanks!

This post has been edited by mancs astra: Thu, 4 Jul 2019 - 10:29
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post Thu, 4 Jul 2019 - 10:25
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The Rookie
post Thu, 4 Jul 2019 - 10:49
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The driver of the vehicle would have to be found to be negligent, not just 'at fault'.

You could/should have reported it to the police as if a conviction for an unsafe load and been secured it would have helped your cause.


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Redivi
post Thu, 4 Jul 2019 - 11:51
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Isn't a transport company automatically liable if something falls off the lorry but can recover the loss from its customer if the transported item was defective ?
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Foxy01
post Thu, 4 Jul 2019 - 13:42
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DVSA and various Road Policing units are currently very interested in 'load security'. I would suggest your insurer should contact the haulier as they will likely pay out to avoid the matter going any further.
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cp8759
post Thu, 4 Jul 2019 - 20:16
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QUOTE (mancs astra @ Thu, 4 Jul 2019 - 11:25) *
The driver of the transport did pull over and showed me the panel that had come off and we took photos and exchanged details. My insurer has now got my car booked into a bodyshop as the damage is mainly cosmetic , but they aren't sure about liability as the driver of the transport 'wasn't at fault'

If the load was not properly secured (as appears to be the case), the driver of the transport was negligent if he knew or reasonably should have known that the load was not secure. If no reasonable amount of checks would have allowed him to discover that the panel was not secure, he won't be negligent but the owner of the caravan might be.


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The Rookie
post Fri, 5 Jul 2019 - 04:48
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QUOTE (cp8759 @ Thu, 4 Jul 2019 - 21:16) *
he won't be negligent but the owner of the caravan might be.

Therein lies the rub, finding that person/entity!


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cp8759
post Fri, 5 Jul 2019 - 09:48
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QUOTE (The Rookie @ Fri, 5 Jul 2019 - 05:48) *
QUOTE (cp8759 @ Thu, 4 Jul 2019 - 21:16) *
he won't be negligent but the owner of the caravan might be.

Therein lies the rub, finding that person/entity!

Well, that depends in the first instance whether the transporter's insurance wants to even try disputing liability, they may take the view that it's not worth the hassle and just pay out.


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