Part of a HGV came loose and hit my car - where do I stand?

Last week I was travelling in one direction on the motorway when a HGV driving in the other direction lost a section of the top of the trailer approx 10ft by 10ft. This flew across the motorway hitting my car causing damage to my front bumper, grille, wheelarch and windscreen.

I have the dashcam footage which clearly shows what happened which has been supplied to the insurance company. Today I have been told that the company regularly check their vehicles so are not negligent and therefore the third party insurance is not interested.

Surely they are responsible for causing the damage to my car as the piece of lorry that hit me shouldn't just be ripped off the top of the lorry? Is there anything I can do or do I just have to go through my insurance?

Asked on 22 January 2020 by Martin

Answered by Tim Kelly
Yes, the fact the section of the top box came off means they are negligent. The case law you need to quote is 'res ipsa loquitar' - it is what it is. Issue proceedings via the small claims court. The company regularly checking their vehicles does not admonish their liability.
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