Car hit by Truck tyre...

GlynD

visidigi wrote: »

why arent you getting your insurance company to deal with their insurance company? its an insurance issue and up to them to fix it, thats what we all pay insurance companies for.

This advice from Visdigi is what I would suggest. That's why you have an insurance company.

wealdroam

GlynD wrote: »

visidigi wrote: »

why arent you getting your insurance company to deal with their insurance company? its an insurance issue and up to them to fix it, thats what we all pay insurance companies for.

This advice from Visdigi is what I would suggest. That's why you have an insurance company.

Perhaps you and Visidigi have overlooked the bit in the original post where the OP says that his insurance company informed him...

thefair1973 wrote: »

I was told by my insurance company today...

GlynD

wealdroam wrote: »

Perhaps you and Visidigi have overlooked the bit in the original post where the OP says that his insurance company informed him...

Yes I did note that information. I suggest OP insist that the insurance company try to recover his uninsured loss. That is what an insurance company is for - amongst other things. (driving for 35 years here).

bod1467

The insurance company won't do anything about uninsured losses (which includes things like excess) - unless you have motor legal insurance. (AFAIK).

GlynD

bod1467 wrote: »

The insurance company won't do anything about uninsured losses (which includes things like excess) - unless you have motor legal insurance. (AFAIK).

Any insurance policy I had would always include a clause which obliged them to go after my uninsured losses. I have had to use this on more than one occasion to recover my excess.

CapJ

arcon5 wrote: »

This does seem to be the policy most operate under. Whether legally it's right or wrong I don't know but about 16 months ago I had a phone call from my partner to tell me my car is up in flames... basically a car pull up behind my car (which was parked on a public road near my house) because the driver saw smoke coming from her engine. Apparently there was a "mechanical fault" and it went up in flames... took my Vectra car with it which was written off. Unfortunately I was third party only and when I went to claim on the other persons insurance my claim was rejected as "their client was not negligent in anyway". Unfortunately I never got round to filing a complain with the ombudsment, so to this date I have lost a car and didn't get any kind of refund on the 1-year insurance I prepaid (about 5 months left at the time, worked out at about £500).

I think the other driver was at least negligent by pulling up so close to your car. Is the FOS appropriate for non clients? I would suggest a small claims action against the other driver. You lose little and she can the pressure the insurance.

Optimist

You take on an excess to get a slightly cheaper policy. It is not the insurance companies problem nor responsibility, unless stated in the terms and conditions, to fight for uninsured loss.

If the OP wishes to try to seek reimbursement for his/her uninsured loss then they will need to do as Pinkshoes suggests and raise an action in the small claims court. This would be directly against the haulier.

In such a case their best hope would be that the haulage company or their insurance company find it cheaper not to defend and for £350 that is a possibility. In which case the OP wins by default, otherwise the OP is going to have a hard time proving negligence . Unless of course the police attended and the company/driver was prosecuted.

Equaliser123

halibut2209 wrote: »

Then it would be their fault for not paying attention to the road and avoiding the rock.

Hmmm. We don't know enough. If there was a rock in the road and it was better to go over it causing a blow out rather than swerving and potentially causing a collision, then it wouldn't be negligence.

Equally, if something was not noticeable (and would not have been noticeable by reasonable drivers) then it would not be negligent.

bris

The reason the insurance are not chasing it is because they know they can't. It has already been said, but in case anyone missed it the trucker is not liable if the truck was propery maintained. There are quite a few cases regarding this exact thing and none of them have had a favourable outcome for the damaged car. You would have to prove negligence for the claim to succeed, very hard to do.