Only TPF&T- other driver at fault- how to claim ?

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Wed 7 Dec 2016 19:19
Only TPF&T- other driver at fault- how to claim ? - goodraw

My car was hit by a truck with a trailer on a roundabout today, when the other guy moved into the middle lane,where I was, from the inside lane. He's damaged the rear pasenger door and the bulk head on drivers side quite badly; I have photos of his vehicle crossing from the inside lane into the middle lane;my car is shown in the middle lane. He didnt accept resposibility,saying he couldn't see me!His offside bumper was damaged on corner.

I have only TPF&T insurance and phoned the company to report it, but as its only TPFT, they wont do anything but told me "enterprise" will contact me; turns out this is the car rental co! who told me if the third party's insurance co. accept responsibilty, then they can help with the repairs, otherwise it goes back to my insurer:should I let them deal with it, or get some other claim company do it. The truck is owned by haulage company and had signage.

Thanks in advance.

Edited by goodraw on 07/12/2016 at 19:20

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Wed 7 Dec 2016 22:39
Only TPF&T- other driver at fault- how to claim ? - Falkirk Bairn

You presumably have the name & address etc for the vehicle's owner, driver's name, Reg No.

Write to the company with your contact details.

Write down the full details of the accident, when & where etc etc & holding them 100% to blame through the fault of their driver. Tell them you have camcorder footage- Ask them for full details of their insurer - Name of Insurer, Policy # & then copy the letter to their Insurer.

They MUST tell you their insurer - this will make them think - they might just capitulate & offer to repiar the car.

If the camcorder video is good they will fold. The 3rd party insurer should arrange for an assessment of damage & either arrange for your car's repair OR compensate you @ the market value of your car.

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Thu 8 Dec 2016 11:14
Only TPF&T- other driver at fault- how to claim ? - goodraw

Hi,thanks- I didn't make myself clear re photos, these were only taken after the accident, which shows truck manouvred from inside lane into the middle lane; I don't actually have video- or should I just say I have, you mean.

Also, strangly, the driver didn't ask for my details, apart from taking my reg.which now seems a bit strange. But I have the company name etc which was on the truck.

Is it worth going to a claim manangement co.?

And, if they don't accept liability, what's the best route ? I believe the truck driver was at fault.

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Thu 8 Dec 2016 13:05
Only TPF&T- other driver at fault- how to claim ? - lordwoody

Be very wary of claims management companies.

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Thu 8 Dec 2016 13:10
Only TPF&T- other driver at fault- how to claim ? - daveyjp

Agreed about claims management companies. I'd avoid them.

Unfortunately without definitive evidence the other party is 100% at fault proving it for a roundabout prang is very difficult. The other party will say you drove into him!

Insurance companies will look for the easy way which is shared responsibility.

Harsh, but that's what you will be up against.

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Thu 8 Dec 2016 18:24
Only TPF&T- other driver at fault- how to claim ? - goodraw

Understood. Is it worth going down the small claims court- as mentioned earlier, truck belongs to a haulage company; initial qoute I've got is need new door plus bodywork, total around £700.00. Larger bodyshop probably be north of £1k

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Thu 15 Dec 2016 12:12
Only TPF&T- other driver at fault- how to claim ? - goodraw

Regarding taking legal action if liability isn't accepted by third party, should this action be against the insurer, or the owner of the vehicle? in this case the vehicle is owned by a company and driver is an employee. As I have TPF&T, my insurer is less than interested in helping me claim. TIA

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Thu 15 Dec 2016 12:42
Only TPF&T- other driver at fault- how to claim ? - RT

Regarding taking legal action if liability isn't accepted by third party, should this action be against the insurer, or the owner of the vehicle? in this case the vehicle is owned by a company and driver is an employee. As I have TPF&T, my insurer is less than interested in helping me claim. TIA

The owner of the vehicle - although the insurer will probably defend the case on the owner's behalf.

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Thu 15 Dec 2016 16:17
Only TPF&T- other driver at fault- how to claim ? - barney100

Any witnesses? I got hit a couple of weeks ago on a roundabout by a bloke swapping lanes. Were you moving at the time? Stick to your guns blame the other driver as he was at fault. The type of damage on the vehicles may help your claim.

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Thu 15 Dec 2016 17:18
Only TPF&T- other driver at fault- how to claim ? - goodraw

barney100 I had no witness's and it was same situation, the guy was driving a truck with a trailer, changing lanes; I was moving but established in the middle lane, My passenger door and quarter panel was damaged his off-side bumper on the corner was damaged; I have photos showing his truck angling across the 2 lanes. How's your case going?

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Thu 15 Dec 2016 17:36
Only TPF&T- other driver at fault- how to claim ? - RT

Are you aware that trucks/trailers do need more room on roundabouts, often 2 lanes? And it's incumbent on other drivers to give them the necessary room.

Even a car & caravan can't negotiate small roundabouts without using more than one lane.

Highway Code para 78 & 187

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Thu 15 Dec 2016 17:54
Only TPF&T- other driver at fault- how to claim ? - goodraw

RT-Yes I am aware of those rules, but if he's coming from behind me and I'm in front in the other lane it's incumbant on him to avoid hitting me,surely?

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Thu 15 Dec 2016 18:01
Only TPF&T- other driver at fault- how to claim ? - RT

RT-Yes I am aware of those rules, but if he's coming from behind me and I'm in front in the other lane it's incumbant on him to avoid hitting me,surely?

Yes - I wasn't clear on that.

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