RTA in B&M Car Park

fatboy88

Hi,

I just wanted some opinions as i have been dealing with a RTA for my parents in a car park.

Basically they were pulling up to the double lines from the car park of B&M and a lorry hit them on the front driver panel as he was trying to turn left on to the same road.

What i don't understand is if the lorry driver statement contradicts the photo evidence we are providing they still dispute liability. Im going to pass it to the insurance to deal with but i cant see them doing anything different to what ive done already.
They say they can only go off their drivers statement even if its false as they cant make a fraudulent claim if they aren't claiming off our insurance.

Is it just me or they can just get away with denying everything

Whats annoying us is that he tried to drive off thinking its 2 oaps who probably couldn't speak much English. Only due to my mum standing in front of his car and people coming over did he stop and provide details

Thanks

DaveF327

Did you parents come to complete stop before the lorry hit them? If you can prove the lorry driver hit a stationary object, he will be found liable.

Were your parents encroaching over the centre line of the side road before reaching the major road?

Did the lorry driver have the benefit of improved sightlines? What was visibility like at the junction for both parties? All these questions need to be considered. Do you have dashcam evidence?

fatboy88

Hi,

They were both turning left onto the road as the car park entrance can probably fit 2 1/2 cars. Our car must have been slightly ahead based on where we were hit.

No dash cam, good visibility on the day. The driver was just driving in a mad rush going round my parents car as they aren't the quickest drivers

What are improved sidelines?

Spoke to the ombudsman and they said I should refer it to my insurance to refer it to them

Thanks

arcon5

I suspect this scenario happens a lot... seen no end of times lorries turning in to roads requiring both lanes and some impatient driver not allowing them to complete the turn causing them to stop suddenly.

Whatever happened though I can't see the lorry driver winning

Crabman

fatboy88 wrote: »

Spoke to the ombudsman and they said I should refer it to my insurance to refer it to them

You have to give the insurer an opportunity to resolve the claim fairly. Referring a case to the ombudsman means the matter will be dragged out for many months.

fatboy88

The insurer for the other party has already said they will dispute liability due to their drivers statement, not matter what evidence I provide as I don't have cctv coverage. This is even if they statement doesn't match up to the damage on their lorry. I've got everything they have asked for and they ain't budging. Damage has been repaired already so I'm not waiting on the ok for that

Crabman

You referred to people coming forward to stop the other driver leaving the scene. Do you have witnesses? They will be important in a case like this. Alternatively have you looked for cameras in the area where the incident occurred?

You may be advised to consider court proceedings (small claims court). Best to seek legal advice for this - do your parents have legal cover with their motor insurer? Or if not they may have it with their home insurance, or at least a legal helpline that can advise on the best way forward.