50/50 Liability?

KirstyMc

This afternoon I was driving along the A1 when traffic went down to 1 lane due to a broken down car and everyone had to move into the right hand lane.

A few seconds after I moved into the right hand lane a lorry moved from the left hand lane into the right hand lane in front of me. As he pulled in I was more or less stationary and the mid side of his lorry scraped along the side of my car causing a huge scratch and completely ripping off the wing mirror. I was beeping and flashing my lights but the driver shrugged and drove off. The car behind me motioned for me to move over into the left hand lane which was now clear and they caught up with the driver and made him pull over.

He said he didn't realise what he had done took a photo of the wing mirror didn't mention the scratch and gave me his company details. I tried to call them but there was no one to take my call.

I have contacted my insurance company and they are saying that though it is very unlikely I may be 50% liable - I don't see how this can be as the accident happened because it seems the lorry driver mis judged the space he was moving in to.

I have taken video and photos of the damage but did not do this on the roadside nor discussed it with the driver.To be honest he was pretty !!!!ed off and a big guy so I felt a bit intimidated.


Does anyone know where I stand with this?

Any advice would be really appreciated as at the moment I am in a bit of a state about it.

oscarward

Did you get contact details for the other car driver? Will he be a witness as to what happened? if he chased and stopped the lorry then it seems like he thought it was the lorry's fault?

If he is willing and thinks it's the other drivers fault then contact the lorry insurer and make a claim off them.

KirstyMc

Thank you for your response.

No they were just young kids maybe 18/19 and went on their way as soon as he showed he was pulling over.

Has restored my faith in young drivers though.

mikey72

It'll probably be 50/50.
If you were behind him, it'll be easy for him to say you pulled out at the same time, then tried to overtake him as he clearly would have to pull out as well to avoid the car, and as you say you were more or less stationary, you must have been creeping along side him.
It's always safer to pull out, flash the truck out, then you can pass him safely when he pulls back in a few seconds later, then to try to squeeze past and block him, you could even have driven into his blind spot in which case you have no chance.

KirstyMc

Thats what I am worried he'll say I wasn't trying to block him at all - his whole front end was in front of me and when he started to straighten up the side of the lorry came in tight and scrapped along my side.

mikey72

How did you get along side him though, if you were behind him?
Worse place to be, as they can't see you in the mirrors either.

KirstyMc

I was already in the right lane and the cab of the lorry pulled in front of me and the back didn't follow the same angle.

oscarward

Still worth contacting the lorry insurance company, who knows he may admit to it.

If not then think how much repairs will cost against possible loss of NCD/ excess etc. get a quote from a good local body shop to help you decide.

Without more details about value of your vehicle and extent of damage then it's difficult to give further advice. If the other driver denies the incident without witness's it will be difficult. A HGV is heavily constructed so doesn't show easily identifiable damage that can be traced back to your car.

Worst case, he denies everything, you get repairs done by your insurers and take a hit on loss of NCD excess etc.

Midlle case, he again denies so, you don't claim and get the repairs done yourself. New mirror between £50 - £300 depending on 'features' fitted. Possible scrapyard parts.

Best case the other driver coughs and you get courtesy car and repairs done including scratch. If he doesn't know the other driver dissapeared without leaving details he may just cave in especially if he's on co insurance and dosn't have to pay an excess himself.

Whatever happens good luck.

KirstyMc

Thanks Oscar - my insurance company said it would be unlikely I would be found at fault but I have a feeling these lorry companies deal with this sort of thing all the time and know how to work insurance companies.

Fingers crossed though.

oscarward

Further thought write to MD of lorry company, if it's a big company then they may deal with it as an ex gratia.

I had an incident with a lorry some years ago, after a 'discussion' with the driver I wrote to MD in Sheffield, who wrote to the manager of the local depot in Dudley, who investigated and apologised for his drivers behaviour. There was no damage involved but it was an admission of wrong doing.

To be fair it was a parcel delivery company and the depot was located where drivers had to pull in to a stream of traffic in the rush hour to meet deadlines but the drivers attitude just annoyed me.

KirstyMc

Maybe I am being to cynical and they will just accept liability.