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How to claim

[simon]
[simon] Posts: 241 Forumite
Eighth Anniversary 100 Posts Combo Breaker
Hello all.

Basically I am just wondering / advise / thought and opinion on the following.

I would like to know how I can go about making a claim for loses / damage / criminal damage which is sometimes done to my vehicle when someone over takes me.

The kind of damage I am talking about is the stone / gravel / debre which flys off from the persons tyres when over taking me and thus causes paint work damage / scratches / indentation and also windscreen damage / scratches on the glass / indentation marks.

The evidence is caught via my dash cam. Overtaking can be seen and with audio can hear the clattering of stones / gravel / debre hitting my vehicle.

Is it insurance job or solicitor or other ? Because frankly I am sick of it.
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Comments

  • forgotmyname
    forgotmyname Posts: 32,900 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How? Claim on your insurance and let them chase the other vehicle. They wont so you will have a fault claim on your record for upto 5 years.
    Censorship Reigns Supreme in Troll City...

  • facade
    facade Posts: 7,549 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You would need to prove negligence on the part of the other driver.

    Now it may be obvious to you that overtaking your car would shower your car with debris, but I have to say it isn't something I've ever thought about or noticed in the many years I have been driving along the potholed cart tracks that pass as "roads" round here, except when there is actually a "loose chippings" sign up.

    If your dashcam shows you passing a "loose chippings 5mph" sign and then being overtaken at high speed and showered with debris then you might have a very strong case for a small claims settlement.

    As above though, you will then have to inform your insurer of your accident/incident/losses so they can increase your premium.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • Joe_Horner
    Joe_Horner Posts: 4,895 Forumite
    Ninth Anniversary Combo Breaker
    If you want to go down that route you should also be prepared for all the claims against you for all the times you've passed other cars (no doubt including parked ones) and subjected them to this hail of gravel.
  • Retrogamer
    Retrogamer Posts: 4,218 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Was the damage intentional? If it wasn't, then it wasn't criminal.

    Did the driver of the other vehicle cause the damage by being negligent? If not, there is no claim and it's purely accidental

    Are they overtaking you on a particular road that has a problem with stones? Perhaps letting who ever is responsible for upkeep of the road this is happening on aware that there's a problem with the surface.
    All your base are belong to us.
  • debtdebt
    debtdebt Posts: 949 Forumite
    Are you going to sue the birds that !!!! on your car and ruins the paintwork?
  • loskie
    loskie Posts: 1,761 Forumite
    Part of the Furniture 1,000 Posts
    !!!!!! what are you expecting. THIS IS WEAR AND TEAR.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    [simon] wrote: »
    Hello all.

    Basically I am just wondering / advise / thought and opinion on the following.

    I would like to know how I can go about making a claim for loses / damage / criminal damage which is sometimes done to my vehicle when someone over takes me.

    The kind of damage I am talking about is the stone / gravel / debre which flys off from the persons tyres when over taking me and thus causes paint work damage / scratches / indentation and also windscreen damage / scratches on the glass / indentation marks.

    The evidence is caught via my dash cam. Overtaking can be seen and with audio can hear the clattering of stones / gravel / debre hitting my vehicle.

    Is it insurance job or solicitor or other ? Because frankly I am sick of it.
    Don't be so daft. If you drive a car on a road you will encounter stone chips, it's a fact or driving life end of. Your car has probably been throwing up stones, gravel etc to the cars behind you as well, do you think they should be suing you too!
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    1,000 Posts Combo Breaker
    Retrogamer wrote: »
    Was the damage intentional? If it wasn't, then it wasn't criminal.

    Did the driver of the other vehicle cause the damage by being negligent? If not, there is no claim and it's purely accidental

    Are they overtaking you on a particular road that has a problem with stones? Perhaps letting who ever is responsible for upkeep of the road this is happening on aware that there's a problem with the surface.

    It doesn't have to be intentional but he'd need to show they were reckless in their actions.
  • iolanthe07
    iolanthe07 Posts: 5,493 Forumite
    The OP could always drive a bit faster!
    I used to think that good grammar is important, but now I know that good wine is importanter.
  • iolanthe07 wrote: »
    The OP could always drive a bit faster!

    or stay at home?
    Now we all know how it felt to play in the band on the Titanic...
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