Lorry driver says it was not him!

Asher

My car was written off after being side swiped by a lorry. The driver did not even know he had hit me and drove off. He was chased by another motorist, police were called and all the rest. Anyway car has been replaced by with a brand new one (my car was 10 months old). I had been told by the police that this was clearly the lorry drivers fault and I did not fill in a claim form with a sketch etc instead Norwich Union conducted a telephone interview with me then asked me to sign a form.

This was ages ago and I just rang up to find out where my excess was only to be told that the lorry driver has denied any involvement and that the police will not pursue it because nobody was injured. The woman at the insurance company said it happens all the time and they are passing it over to a solicitor. So if ever you are involved in something similar, let them take you to the hospital and the police will have to investigate. As it is the police cannot bring a prosecution for dangerous driving or anything so just let it go because it is now considered to be a matter for the insurance to sort out.

Astaroth

unfortunately even if you pretended to be hurt the police may decide that it isnt worth pursuing any criminal prosecutions and so you would be in the identical position that you are in at the moment. 50% of police reports only consist of a single sheet of paper with the basic details of the parties allegedly involved and would not have clarified if the lorry driver did or did not hit you nor what he said to the police at the time.

Paul_Varjak

Asher wrote:

So if ever you are involved in something similar pretend to be injured, let them take you to the hospital and the police will have to investigate.

An what would you call that? Perverting the Course Justice perhaps? Maximum sentence: Life imprisonment!

southernscouser

What about the witness who chased the lorry?

oldwiring

southernscouser wrote:

What about the witness who chased the lorry?

Good point! Surely if the witness had got the reg no and description of the alleged offending vehicle that would be enough. The lorry driver may deny but then does it matter as it would effectivley be the co he drives for that would pick up the blame under vivarious liabiity. Perhaps Astaroth will hopefully comment.

Vicarious Liability

An employer is vicariously liable for negligent acts or omissions by his employee in the course of employment whether or not such act or omission was specifically authorised by the employer. To avoid vicarious liability, an employer must demonstrate either that the employee was not negligent in that the employee was reasonably careful or that the employee was acting in his own right rather than on the employer's business

Asher

southernscouser wrote:

What about the witness who chased the lorry?

Well I would assume that they have all these details. I have just discovered that it is not the driver that is saying he did not do it nor his firm. It is the insurance company. On January 9th both insurance companies had a letter to say the police were not pursuing the it. As a result it is not a criminal matter.

The other driver does not have a version because he did not know that he had hit me. When I asked about taking paint samples they said I have been watching too much CSI. Apparently lorry drivers seldom know when they hit another car, I find that hard to believe but several people have told me the same thing. Anyone know for sure?

Mrs_pbradley936

Paul_Varjak wrote:

An what would you call that? Perverting the Course Justice perhaps? Maximum sentence: Life imprisonment!

That statement is just so silly. Lots of people are "badly shaken” after an accident and are taken to the hospital but later discharged without treatment. You can only get into trouble if you commit fraud. It would not be fraudulent say “yes” when the police ask if you would like to be checked over. What it would do is to ensure that the box was ticked on the police report then somebody has to follow up and get the hospital report.

Bossyboots

Asher wrote:

The other driver does not have a version because he did not know that he had hit me. When I asked about taking paint samples they said I have been watching too much CSI. Apparently lorry drivers seldom know when they hit another car, I find that hard to believe but several people have told me the same thing. Anyone know for sure?

Considering they pinpointed the exact make of car involved in the collision that killed the Princess of Wales from the paint scrapings, I don't think your request was unreasonable.

It is true about the lorries not knowing they have been in accidents. We had a fatal accident in our area and the police openly said that they believed the lorry driver would simply not have been aware of it.

This must all surely hinge on the independent witness and that said, there should be no doubt about who is to blame. The other insurance company may be trying it on and hoping the witness decides that they don't really want to be involved in which case there is no proof except from paint sampling.

Paul_Varjak

pbradley936 wrote:

That statement is just so silly. Lots of people are "badly shaken” after an accident and are taken to the hospital but later discharged without treatment. You can only get into trouble if you commit fraud. It would not be fraudulent say “yes” when the police ask if you would like to be checked over. What it would do is to ensure that the box was ticked on the police report then somebody has to follow up and get the hospital report.

The OP suggested: PRETEND TO BE INJURED!

Mrs_pbradley936

Paul_Varjak wrote:

The OP suggested: PRETEND TO BE INJURED!

Well some of us might wish to ensure that we had not been injured. I think if I were ever in that situation I would accept the offer of a hospital check up. All the more so if it provides a paper trail.

zorber

yes its true lorry drivers rarely realise when the hit some thing, i was speaking to one of the drivers from our transport fleet only the other day he told me drivers dont feel a thing when the hit some thing they can kock down walls etc and one of our drivers shutted a car backwards 10 meters and basically wrapped it round a lampost and didnt realise he had done it. the lorrys suspension and natural roll is so much that it numbs the driver to anything but what he can see he is doing.
Use this point to steer clear of lorrys especially foreign ones on roundabouts and they wont realise if they take you out.