No cheque from Slovakia

Last Thursday my daughter and three children were involved in a crash on the M6. She was in the middle lane and was side-swiped by a lorry from Slovakia, she was spun into the front of the lorry side on and dragged 100 metres. The car was extensively damaged but fortunately no one was injured. Luckily there was a patrol car close behind which witnessed the accident. The driver of the lorry was breathalysed and documents checked and found to be O.K. My daughter’s insurance TESCO have informed her that she is unlikely to get her £200 excess or cost of a courtesy car due to the lorry drivers insurance being foreign. Any advice please?

Asked on 23 January 2010 by I.W., via e-mail

Answered by Honest John
What the police had told her is quite likely. Had he been a UK driver, she could have sued him directly. Though there is a possibility he was temporarily insured with a UK insurer, in which case her chances are better. Take this as a warning never ever to drive in the flank of a foreign registered truck, or preferably any truck where you cannot be seen by the truck driver. Always get past them as quickly as you can.
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