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Help About Insurance Claim Please !

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Re: Help About Insurance Claim Please !

Postby CP09 » Tue Nov 08, 2016 9:20 pm

Some years ago, one of my work colleagues had a RTC where the other car just moved from a slip lane into the main flow without looking or waiting for a gap.
The insurance companies settled as 50/50. However, my colleague sued the other driver for damages - as you'll be aware, this is a civil claim, and settled on the balance of probabilities. IIRC, the claim was undefended, presumably because the damage made it clear which vehicle was "wrong", it was just that insurance certificate companies will take the cheapest way out for themselves.

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Re: Help About Insurance Claim Please !

Postby shootist » Tue Nov 08, 2016 10:26 pm

tph wrote:It might be worth requesting the tucks digital tachometer data from your insurance company.


Now that is very likely to produce results if you can get it, or more importantly, get the police to get it. A proper analysis would be almost certain to show the truck was moving in reverse before the impact.
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Re: Help About Insurance Claim Please !

Postby diy » Wed Nov 09, 2016 9:37 am

If your insurance wont pay then a private claim against the other side might be the best action - If the losses are small then perhaps the fast track. This should flush the witness out. Also any photos of the damage may also forensically show who was moving forward. Location of glass, position of impact relative to resting position etc.

For example: a breaking car hitting a truck will have its impact damage higher up than the resting position due to compression of the front under breaking. Glass will be propelled forward and not backwards
My suggestions are not legal advice
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Re: Help About Insurance Claim Please !

Postby Maz JP » Wed Nov 09, 2016 4:51 pm

My thanks to everyone for their replies, especially Atticus.

I am coming around to the idea of a private claim - not so much for the money (the cost to us is only a few hundred a year in loss of No Claims), but essentially for the principle.

It should not be right that people can be treated in this way.

Much thought due over the weekend I rather think!
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Re: Help About Insurance Claim Please !

Postby shootist » Wed Nov 09, 2016 5:34 pm

Why the reluctance to try out the police route? It's free. If you can get them to analyse the tachograph then it will almost certainly prove which way the truck was moving, assuming it was a truck fitted with a Tacho.
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Re: Help About Insurance Claim Please !

Postby Maz JP » Wed Nov 09, 2016 6:31 pm

My experience is that it's hard enough to get the police interested in investigating a real crime, such as a burglary. I doubt if they'd show much enthusiasm for putting time into this.

And I doubt if the tachograph (if still available after all of this time) would show any movement at all. He only reversed about six feet (enough to total the car though).
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Re: Help About Insurance Claim Please !

Postby diy » Wed Nov 09, 2016 9:35 pm

If you are going to claim, then you need to be ready to put your case to strict proof. Otherwise its another £2-300 down the drain.
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Re: Help About Insurance Claim Please !

Postby shootist » Thu Nov 10, 2016 12:23 am

Maz JP wrote:My experience is that it's hard enough to get the police interested in investigating a real crime, such as a burglary. I doubt if they'd show much enthusiasm for putting time into this.


They sure as hell won't if you don't ask them to. I agree that getting the police to take an interest in anything they didn't think of first is damned near impossible, but it doesn't cost much more than a phone call. (And a complaint from someone whith 'JP' after their name carries some weight at least) And what you are alleging is a 'real crime'. I doubt that the 'witness' has come forward unprompted so two people, the lorry driver and the so called witness have conspired to defraud at least, and have caused you to doubt both the police and the judicial system. More important than any burglary IMO.

Maz JP wrote:And I doubt if the tachograph (if still available after all of this time) would show any movement at all. He only reversed about six feet (enough to total the car though).


Tachograph analysis is remarkably accurate. Even in my days on Traffic about 30 years ago it was possible to analyse the trace to a quite remarkable degree, especially in collision cases. I would place a modest bet that if the police get off their backside and the tacho disc can be found then it's a simple matter of getting it analysed. If that proves your case then the witness and the driver get what they deserve. It may be that a tacho disc is fraudulently placed in the transport firm's records. That will be a gift, as a qualified analyst will figure that out in no time.
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Re: Help About Insurance Claim Please !

Postby atticus » Thu Nov 10, 2016 6:58 am

The burden of proof in a civil case is on the balance of probabilities. Is it more likely than not that what you say took plce occurred?
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Re: Help About Insurance Claim Please !

Postby Hairyloon » Thu Nov 10, 2016 10:11 am

shootist wrote:Tachograph analysis is remarkably accurate. Even in my days on Traffic about 30 years ago it was possible to analyse the trace to a quite remarkable degree, especially in collision cases...

Might that be rather more difficult if they don't know the exact time of the crash?
I would expect that most instances of collision would show a sudden deceleration or acceleration from the transfer of momentum; I don't think that would be applicable where the truck has gently reversed over the car.
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