Gravel/stones falling from truck damaged my car.

e00c

Morning,

While driving behind a lorry - Gravel + stones started to hit my car. Not small bits... quite a lot was coming out of the lorry.

I dropped back around 50 Metres - it was still happening. I decided to then overtake the lorry to find out which company it was. so I could call them.

After ringing them - and saying they have chipped my car - He admitted he had NO COVER on the top of his truck to stop this from happening.

He asked me to pop in with my car - he accepted it may have come from his truck - then offered to do a "quick fix" with T-cut....

I declined as this is a brand new 2009 car... t-cut simiply doesn't cut it (bad joke - haha).

He offered to pay for the repair but is now ovoiding us.

I know it's not illegal for them to have covers - but surely they must automatically have to accept liability?

They can't go round damaging public property?

mutley74

e00c wrote: »

Morning,

While driving behind a lorry - Gravel + stones started to hit my car. Not small bits... quite a lot was coming out of the lorry.

I dropped back around 50 Metres - it was still happening. I decided to then overtake the lorry to find out which company it was. so I could call them.

After ringing them - and saying they have chipped my car - He admitted he had NO COVER on the top of his truck to stop this from happening.

He asked me to pop in with my car - he accepted it may have come from his truck - then offered to do a "quick fix" with T-cut....

I declined as this is a brand new 2009 car... t-cut simiply doesn't cut it (bad joke - haha).

He offered to pay for the repair but is now ovoiding us.

I know it's not illegal for them to have covers - but surely they must automatically have to accept liability?

They can't go round damaging public property?

cant yoy contact your insurance company and give them there details and tell insurance they offered to t-cut your car hence accepting liability.
not sure but is it worth telling police that they driving trucks with unsecured loads ...maybe another poster can add on this?

McKneff

I would follow Mutley's advice and get in touch with your insurance company. Just a thought, i thought that all loads had to be covere these days.

I have just had concrete spilt on to mine and the boss man tried all ways to get out of it but as i had a witness that confirmed that he hadnt washed down properly then he had to hold his hands up. He even then tried to get me to deal with the driver. Got him bang to rights - eventually when i threatened legal action.

DCodd

The haulage company but most specificaly the driver has total responsibility for the load on their vehicle.

I would still try to contact the Company and maybe report it to the police and get a crime number from them first. I would use your insurance company as a last resort as they will tell you to get the work done and then they will claim the money back from the Haulage company but it will show on your insurance as a claim!

Chippy_Minton_2

DCodd wrote: »

maybe report it to the police and get a crime number from them first.

Why a crime number? What crime has taken place?
NONE.

What has actually happened is the OP has been involved in an accident. It has been reported to the company/driver hence details have been exchanged and therefore the road traffic act has been complied with.

mutley74

Chippy_Minton wrote: »

Why a crime number? What crime has taken place?
NONE.

What has actually happened is the OP has been involved in an accident. .

i thought that all accidents need to be reported to the police for there records. at least if there's another incident from another driver with this haulage firm it might ring an alarm bell somewhere

Chippy_Minton_2

mutley74 wrote: »

i thought that all accidents need to be reported to the police for there records.

I take it you don't drive then?

McKneff

would it be classed as an accident or an incident, both words are being bandied about here?

DCodd

Chippy_Minton wrote: »

Why a crime number? What crime has taken place?
NONE.

What has actually happened is the OP has been involved in an accident. It has been reported to the company/driver hence details have been exchanged and therefore the road traffic act has been complied with.

The load was unsafe and debris from that load has therefore caused criminal damage so the Road Traffic Act has not been complied with and any accident does generate a crime number incase it is later proved to be caused by a criminal act.

Chippy_Minton_2

DCodd wrote: »

The load was unsafe and debris from that load has therefore caused criminal damage so the Road Traffice Act has not been complied with!!

The RTA and criminal damage are two separate issues.

The RTA has been complied with as the OP and company have exchanged details. No injury therefore no need to involve the police.

Did the driver of the other vehicle wilfully damage the OPs vehicle?
No
Was he reckless?
Diffucult to say unless it was so obvious he would have lost part of the load and was fully aware of this before he set off.

Therefore NOT criminal damage.

DCodd

The load was unsafe (part of it left the lorry) Ignorance of the fact that the load was unsafe is not a defence.

The op did not get the details of the driver or his insurance but got the details from off the Lorry.

All accidents create a crime number!

so why not call the police????