I got hit by a lorry, whose fault is it?

wmp1990112

Hello everyone,

Sorry for the long post but I want to hear other peoples opinions on this.

So I was on the right hand lane of a slip road, the road merges to the left and so I followed the car in front doing about 20-30mph but traffic had began to build up which left my car at an angle (because the road markings filter traffic into 1 lane), a foreign lorry (Left hand drive) then came speeding down and hit my car on the nearside and because of the impact it made my car turn and he then hit my passenger door and sent me flying into a stationary car.

I call up my insurance and after telling them everything they said it was my fault simply because I was the one merging, but I'm contesting this because as far as I'm aware I was ahead of the lorry having merged onto the road abeit at an angle and believe he couldn't see me because he was a land hand drive and so had a massive blind spot which he clearly didn't check otherwise he would have horned. The lorry and driver was from another country so theres no trace of him in the UK. He also couldn't speak English and did not speak to me until the police came.

Anybody with some insight would be great because I don't understand how the insurance company would automatically say its my fault without looking at all the evidence from the police, drivers details, CCTV etc. I believe it was his fault considering I was already in front and could not move forward to aviod him because of the car in front

Sorry for the rant, I'm just very mad at the situation because my cars gone and I got cuts on my hand and neck

Quentin

If you are convinced of your "innocence" then cancel your claim and see if you can get an accident management company to take you on to claim directly off the third party.

In any case you maybe need to see if an injury claims solicitor will take you on as your injuries won't be covered by your own insurance

facade

Quentin wrote: »

If you are convinced of your "innocence" then cancel your claim and see if you can get an accident management company to take you on to claim directly off the third party.

That is a bit unfair- what ambulance chaser is going to work hard trying to take on a foreign registered lorry that is now in a different country, if not continent?

Just claim off your own insurance and don't worry about the "at fault" claim, it would have gone down as "at fault" in any case if the other driver has disappeared, no matter whose "fault" it is.

AdrianC

wmp1990112 wrote: »

So I was on the right hand lane of a slip road, the road merges to the left

Your lane ended, so you changed lane...

and so I followed the car in front doing about 20-30mph but traffic had began to build up which left my car at an angle (because the road markings filter traffic into 1 lane)

...even though you couldn't complete that manoeuvre, and even though you were putting yourself into the path of a truck...

And you were doing 20-30mph towards this stationary traffic?

a foreign lorry (Left hand drive) then came speeding down and hit my car on the nearside and because of the impact it made my car turn and he then hit my passenger door and sent me flying into a stationary car.

If he hit you THAT hard, how come he didn't plough over the stationary traffic that had caused you to stop?

I call up my insurance and after telling them everything they said it was my fault simply because I was the one merging, but I'm contesting this because as far as I'm aware I was ahead of the lorry having merged onto the road abeit at an angle

You mean you dived in ahead of him despite having to stop imminently?

and believe he couldn't see me because he was a land hand drive and so had a massive blind spot

How close in front of this truck were you...? A LHD truck may well have a blindspot low down on the very front corner, but it certainly doesn't have a blind spot that extends more than a few feet in front.

The lorry and driver was from another country so theres no trace of him in the UK. He also couldn't speak English and did not speak to me until the police came.

And this has what relevance? UKIP haven't yet banned foreign drivers from UK roads, so he was driving perfectly legally. Do you instantly become fluent in the local language in every country you ever drive in?

Anybody with some insight would be great because I don't understand how the insurance company would automatically say its my fault without looking at all the evidence from the police, drivers details, CCTV etc.

Is there any, other than he-said-she-said?

I believe it was his fault considering I was already in front and could not move forward to aviod him because of the car in front

There's a lot of your description makes no sense whatsoever, and sounds a lot like flailing to cover up your last-minute-heroics to not be stuck behind a wagon. If that's how you presented it to the insurer, I'm not surprised they don't believe you.

iammumtoone

I suspect your insurance will find a way for you to be at fault as they do not want the hassle of trying to claim off foreign insurance.

I don't really follow your description did your insurance company understand what you were trying to describe.

Paradigm

As none of us were there it's impossible to say who was at fault!
It's possible he didn't see you, it's also possible that you dived into a gap that wasn't there... only you know!

Strider590

So there can be two stories here:

1) OP overtook truck despite lane coming to an end, but didn't have enough room.

2) OP overtook truck but had to slow for traffic, truck driver didn't want to let OP "merge in turn", he accelerated and drove into OP.

AdrianC

Strider590 wrote: »

So there can be two stories here:

1) OP overtook truck despite lane coming to an end, but didn't have enough room.

2) OP overtook truck but had to slow for traffic, truck driver didn't want to let OP "merge in turn", he accelerated and drove into OP.

The problem with 2 is that it has the truck accelerating towards stationary traffic... Which it somehow missed.

Strider590

AdrianC wrote: »

The problem with 2 is that it has the truck accelerating towards stationary traffic... Which it somehow missed.

Assuming there was stationary traffic, and to be honest OP is unclear as to whether it was actually stationary.

20-30mph but traffic had began to build up which left my car at an angle

AdrianC

Just one of the many inconsistencies...

sheramber

If the lorry driver was speeding down the slip road was he not preparing to merge and would have crashed into that traffic if you hadn't been there?

Or did you cross over into his lane too late for him to avoid you, bearing in mind the stopping distance required for a heavy lorry?