Gravel/stones falling from truck damaged my car.

DCodd

Chippy_Minton wrote: »

So wouldn't that be a matter for the Heath and Safety Executive?

This is part of the problem, the haulage company will have fill out a miriad of forms for the HSE and other bodies as a result of the part spillage of the load, which is why the op should contact the haulage company and ask them to pay them for the damage to the car. If they don't the op should advise the comapny that they will take it further and report it.

It is most likely that the insurance the company has will not cover unsafe loads and so the company will have to pay all costs themselves and it would be in their best interests to settle any claim the op has, with out this getting reported through official procedure.

withabix

Chippy_Minton wrote: »

So wouldn't that be a matter for the Heath and Safety Executive?

They use the Police.

Have a serious accident in a workplace, phone the HSE and see who turns up first (apart from an ambulance).

Clue: It won't be the HSE.

In any case, the Police can apply the HASAWA, as it is Criminal Law.

Chippy_Minton_2

withabix wrote: »

Have a serious accident in a workplace, phone the HSE and see who turns up first (apart from an ambulance).

Clue: It won't be the HSE.

But who do the police hand it over to when they arrive?

DCodd

withabix wrote: »

They use the Police.

Have a serious accident in a workplace, phone the HSE and see who turns up first (apart from an ambulance).

Clue: It won't be the HSE.

In any case, the Police can apply the HASAWA, as it is Criminal Law.

However in most cases, unless negligence can be proved on the part of the Company, it will be the driver that faces criminal prosecution. as with a train crash, the Train company may get sued or fined but it is the driver that faces the prosecution as they are fully responsible for their vehicle.

withabix

Chippy_Minton wrote: »

But who do the police hand it over to when they arrive?

They don't. The HSE called them when you phoned the HSE. The police are there to do police stuff. The HSE can't arrest you, read your rights or charge you etc. The HSE have the same role as the CPS in prosecutions.

Chippy_Minton_2

I thought the HSE could sort their own prosucutions, maybe I'm wrong there.

mutley74

Chippy_Minton wrote: »

But who do the police hand it over to when they arrive?

I take it you don't drive then?

e00c

Well guys..

I'm overwhelmed with the ammount of replys and feedback. Good friendly debates giving different views!

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I've been at work today so left it for my partner to deal with.

She spoke to the company and the driver involved - "if we handed out money to everyone... we'd be bust" - meaning they had no intention of doing anything.

My partner then spoke to the Insurance - they advised to call the police.

The police came round took a statement after visiting the driver.

The driver OFFERED to pay HALF the cost. Police advised this is the easiest thing to accept to progress any further.

After accepting this - the Driver is refusing to do pay now and not willing.

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Insurance - have taken the matter upon them selfs now - under the "insecure load" doo da.

They called the company to speak to the owner + driver... the driver lied to the insurance and stated he was the OWNER.... it's his DAD who owns the company... same surnames.

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My thoughts now are:

to write a letter to the company + the driver. Explaining if they don't pay the cost then I will take it further.

I have nothing to lose - as I have free legal cover - it won't cost me a penny win or lose. (Is this worth mentioning to them?!)



P.s - with it being with the insurance now - is or will this affect my no claims?

Ta Guys!

e00c

update... the driver told the police that he has a "ticket to prove the weight"..... this doesn't prove it's secure though does it?

Happychappy

The driver is referring to the fact that he had the vehicle weighed when he picked up the load and a ticket for the load when he unloaded it, this means absolutely nothing with regards to losing a few kilos of load, some loads actually gain weight, such as sand and gravel loads picked up and then driven through rain storms where the weight of water is retained in the load. Also the vehicle loses weight depending upon the distance travelled purely due to the large amount of fuel it use, although most baggy arsed truckies (Conor you listening ; ) put the weight back on with bacon butties.

I would contact the police officer you dealt with, as it is the norm for the officer to give the driver friendly advice of "Sort it or it will go to court" this often worked, but depends on the officer ?