Damage from something falling off a transported caravan - who's responsible? |
Damage from something falling off a transported caravan - who's responsible? |
Thu, 4 Jul 2019 - 10:25
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#1
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New Member Group: Members Posts: 1 Joined: 4 Jul 2019 Member No.: 104,597 |
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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Thu, 4 Jul 2019 - 10:25
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Thu, 4 Jul 2019 - 10:49
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#2
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Member Group: Members Posts: 56,197 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
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. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
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Thu, 4 Jul 2019 - 11:51
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#3
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
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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Thu, 4 Jul 2019 - 13:42
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#4
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Member Group: Life Member Posts: 247 Joined: 4 Mar 2016 Member No.: 82,764 |
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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Thu, 4 Jul 2019 - 20:16
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#5
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
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. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Fri, 5 Jul 2019 - 04:48
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#6
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Member Group: Members Posts: 56,197 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
he won't be negligent but the owner of the caravan might be. Therein lies the rub, finding that person/entity! -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Fri, 5 Jul 2019 - 09:48
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#7
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
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. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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