Lorry tyre blowout blew lorry wheel arch onto motorway, hitting my car

dacouch

Yellabowley wrote: »

If a piece of the lorry has come off and hit your vehicle it is very straight forward. They are at fault. The first person you spoke to at NFU was correct.

Your insurance company may not be that interested as it is for the wagon drivers insurance company to sort out. Try getting in touch with a claims management company rather than your insurers.

Civil law does not work that way, the OP would need to prove the haulage company were negligent eg they had not taken all reasonable steps to prevent the accident.

They've provided the maintainance records and also I assume the daily vehicle inspection records which would normally be sufficient to defend against the OP's claim (Assuming the records were all up to date and correct)

OnanTheBarbarian

dacouch wrote: »

Civil law does not work that way, the OP would need to prove the haulage company were negligent eg they had not taken all reasonable steps to prevent the accident.

They've provided the maintainance records and also I assume the daily vehicle inspection records which would normally be sufficient to defend against the OP's claim (Assuming the records were all up to date and correct)

/\THIS

If their daily inspection records are there and show everything is in order, you are going to have to suck it up and claim off your own cover.

dacouch

OnanTheBarbarian wrote: »

/\THIS

If their daily inspection records are there and show everything is in order, you are going to have to suck it up and claim off your own cover.

I had the misfortune to have one of my customers have a very similar claim with a NFU customer. They (Eventually) used the same defence.

Luckily I've not had to deal with them recently, but at the time the department dealing with third parties were easily the most inefficient I have ever dealt with and I've dealt with some inefficient companies. It would literally take them a six weeks to answer a letter and whenever I called they could never retrieve the file/

verybigchris

Why the need to prove negligence?

If the tyre blowout had caused the lorry to crash into their car then there would be no question of them not paying out, so legally where's the distinction?

arcon5

I doubt driver inspection sheets will count for much, they are not experts in tyres and detecting inherent faults

rs65

verybigchris wrote: »

Why the need to prove negligence?

Because that's how our legal system works.

Spicy_McHaggis

OnanTheBarbarian wrote: »

/\THIS

If their daily inspection records are there and show everything is in order, you are going to have to suck it up and claim off your own cover.

Interesting how you think this but our layman Tilt thinks the OP has a claim and a lba will make them fold.

dacouch

arcon5 wrote: »

I doubt driver inspection sheets will count for much, they are not experts in tyres and detecting inherent faults

It will help as part of a total package, the truck will go into the garage every ten weeks for an official check as long as the normal MOTs and any maintainence schedules the haulage company provide.

The driver must spend 15 minutes each day checking the vehicle which they need to document which has a particular section for the tyres.

Crabman

Amidst comments about daily inspection records, here are three tweets from Central Motorway Police Group:

https://twitter.com/CMPG/status/555066753404125185

https://twitter.com/CMPG/status/555066975878402048

https://twitter.com/CMPG/status/555067433942515712

40% of commercial vehicles stopped were non-compliant... they must all have developed problems after the driver carried out the daily check.

dacouch

Crabman wrote: »

Amidst comments about daily inspection records, here are three tweets from Central Motorway Police Group:

https://twitter.com/CMPG/status/555066753404125185

https://twitter.com/CMPG/status/555066975878402048

https://twitter.com/CMPG/status/555067433942515712

40% of commercial vehicles stopped were non-compliant... they must all have developed problems after the driver carried out the daily check.

No doubt there are drivers and haulage companies who do not complete daily inspection records correctly. However the police figures will not reflect the true percentage as they're using their experience to target vehicles they think will have problems.