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Lorry drove into me
Pezzy
post Tue, 23 Apr 2019 - 13:29
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In Nov last year I was travelling to work when a lorry changed lanes and hit my car without seeing me. Admittedly I was overtaking him in the inside lane as I was doing the speed limit and he was not. Upon pulling over he was very apologetic and said he didn't see me.

Surprise surprise when my insurance company contacted him he blamed me for the accident and my insurance company agreed with him! Even though I sent them the dashcam footage. His fleet manager said all their lorries had dashcams, so I told my insurance company to make sure they get hold of it as it will show what really happened. So far though, they've not been able to obtain it, and of course it is because he's to blame.

I told my insurance company that I will not admit liability for an accident I didn't commit and that I'd be happy to take it to court. I'm not sure how it's progressing as there has been no update.

Below is my dashcam footage.

https://files.mycloud.com/home.php?seuuid=7...name=Accident_1

This post has been edited by southpaw82: Tue, 4 Jun 2019 - 09:51
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post Tue, 23 Apr 2019 - 13:29
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Mat_Shamus
post Sun, 28 Apr 2019 - 12:24
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From the video it appears you overtook the truck on the left, then tried to pull in front of it by cutting in quickly.

I understand you are stating this isn't what happened, but the dash cam footage makes you look more at fault than not.


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Pezzy
post Mon, 29 Apr 2019 - 09:18
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QUOTE (Mat_Shamus @ Sun, 28 Apr 2019 - 13:24) *
From the video it appears you overtook the truck on the left, then tried to pull in front of it by cutting in quickly.

I understand you are stating this isn't what happened, but the dash cam footage makes you look more at fault than not.


If that was indeed what I intended to do, why did I slow down immediately afterwards and flagged him down to pull over?
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notmeatloaf
post Mon, 29 Apr 2019 - 09:51
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Because you had just had a collision?
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cp8759
post Mon, 29 Apr 2019 - 19:59
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This goes to show why it's worth having a rear-view camera.

This post has been edited by cp8759: Tue, 30 Apr 2019 - 12:13


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The Rookie
post Tue, 30 Apr 2019 - 06:18
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Well I wouldn't want to have evidence I'd been reading!


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Pezzy
post Wed, 1 May 2019 - 11:01
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QUOTE (notmeatloaf @ Mon, 29 Apr 2019 - 10:51) *
Because you had just had a collision?


Can you explain the 'invisible force' that collided with my car before I moved over then as can clearly be seen in the footage?
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The Rookie
post Wed, 1 May 2019 - 11:35
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You need to explain what the heck you mean?

Are you really trying to say you flagged him down before the collision?


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Pezzy
post Fri, 3 May 2019 - 09:57
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QUOTE (The Rookie @ Wed, 1 May 2019 - 12:35) *
You need to explain what the heck you mean?

Are you really trying to say you flagged him down before the collision?


I'm sorry that doesn't make sense. 20 seconds in you see my car move as it gets hit. After this I move to the outside lane, slow down and flag down the lorry, who made no attempt to stop at the time. He only seemed to realise he collided with me shortly before I pulled over.
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nigelbb
post Fri, 3 May 2019 - 11:00
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QUOTE (Pezzy @ Fri, 3 May 2019 - 10:57) *
QUOTE (The Rookie @ Wed, 1 May 2019 - 12:35) *
You need to explain what the heck you mean?

Are you really trying to say you flagged him down before the collision?


I'm sorry that doesn't make sense. 20 seconds in you see my car move as it gets hit. After this I move to the outside lane, slow down and flag down the lorry, who made no attempt to stop at the time. He only seemed to realise he collided with me shortly before I pulled over.

Whether he collided with you or you collided with him is open to interpretation.


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British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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Pezzy
post Fri, 10 May 2019 - 11:55
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QUOTE (nigelbb @ Fri, 3 May 2019 - 12:00) *
Whether he collided with you or you collided with him is open to interpretation.


No it's absolutely not. I was there so I know what happened.
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typefish
post Fri, 10 May 2019 - 12:01
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The best thing to do would be to post the video, with audio.
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Mat_Shamus
post Sat, 11 May 2019 - 11:49
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Regardless of what we think here, it's the insurance companies decision as you elected them to represent you in liability claims, and it appears they've already made their decision.


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nigelbb
post Sat, 11 May 2019 - 14:51
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QUOTE (Mat_Shamus @ Sat, 11 May 2019 - 12:49) *
Regardless of what we think here, it's the insurance companies decision as you elected them to represent you in liability claims, and it appears they've already made their decision.

Clearly the insurance company’s interpretation was that the OP was the guilty party & caused the collision.


--------------------
British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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Mat_Shamus
post Sat, 11 May 2019 - 15:11
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QUOTE (nigelbb @ Sat, 11 May 2019 - 15:51) *
QUOTE (Mat_Shamus @ Sat, 11 May 2019 - 12:49) *
Regardless of what we think here, it's the insurance companies decision as you elected them to represent you in liability claims, and it appears they've already made their decision.

Clearly the insurance company’s interpretation was that the OP was the guilty party & caused the collision.


Yes, that's the point i was making.


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Patience is something you admire in the driver behind you, but not in one ahead.
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nigelbb
post Sat, 11 May 2019 - 20:18
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QUOTE (Mat_Shamus @ Sat, 11 May 2019 - 16:11) *
QUOTE (nigelbb @ Sat, 11 May 2019 - 15:51) *
QUOTE (Mat_Shamus @ Sat, 11 May 2019 - 12:49) *
Regardless of what we think here, it's the insurance companies decision as you elected them to represent you in liability claims, and it appears they've already made their decision.

Clearly the insurance company’s interpretation was that the OP was the guilty party & caused the collision.


Yes, that's the point i was making.

My response was for the benefit of the OP. When I said that who collided with who was open to interpretation they wrote “No it's absolutely not. I was there so I know what happened.”


--------------------
British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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DastardlyDick
post Mon, 13 May 2019 - 09:45
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Without seeing the OPs footage (my computer won't let me view it) if you're daft enough to "undertake" an HGV in his blind spot, then I have to say I'm inclined to agree with the Insurers on this one.
The dashcam footage on the HGV probably doesn't show anything - most of them only have front facing cameras fitted to stop the old "crash for cash" scam.

This post has been edited by DastardlyDick: Mon, 13 May 2019 - 10:04
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Pezzy
post Tue, 14 May 2019 - 14:18
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QUOTE (DastardlyDick @ Mon, 13 May 2019 - 10:45) *
Without seeing the OPs footage (my computer won't let me view it) if you're daft enough to "undertake" an HGV in his blind spot, then I have to say I'm inclined to agree with the Insurers on this one.
The dashcam footage on the HGV probably doesn't show anything - most of them only have front facing cameras fitted to stop the old "crash for cash" scam.


So I'm not allowed to go the speed limit in my lane if there's a lorry in the outside lane of the motorway driving like miss daisy?

QUOTE (nigelbb @ Sat, 11 May 2019 - 15:51) *
Clearly the insurance company’s interpretation was that the OP was the guilty party & caused the collision.


No it wasn't actually. They have since instructed their legal team to pursue the 3rd party driver for the damages and said for me to get ready to attend court if it progresses that far. I guess we'll have to see if the lorry driver fesses up or if he is prepared to lie in court.
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PASTMYBEST
post Tue, 14 May 2019 - 14:25
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I would like to see the evidence that cause your insurance company to change their mind. What you have shown to date wouldn't. From what I saw a claim that you were operating a crash for cash would not be totally without merit


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Pezzy
post Tue, 14 May 2019 - 14:33
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QUOTE (PASTMYBEST @ Tue, 14 May 2019 - 15:25) *
I would like to see the evidence that cause your insurance company to change their mind. What you have shown to date wouldn't. From what I saw a claim that you were operating a crash for cash would not be totally without merit


It's a good thing you don't work for an insurance company then because god help us all. With that sort of comment I'm not sure what you are doing on a forum like this?
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DancingDad
post Tue, 14 May 2019 - 16:34
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QUOTE (Pezzy @ Tue, 14 May 2019 - 15:18) *
......So I'm not allowed to go the speed limit in my lane if there's a lorry in the outside lane of the motorway driving like miss daisy?
……..


Not illegal per se but not recommended either.
And could see you being done for dangerous or careless driving.

Are you aware of the highway code?

I'm obviously in the same boat as PBM because I cannot see what in the video would make the insurance company change their mind.
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