Help Needed In Claim

[silverdel]

On June 13 2008 at approximately 0915 and 0930 My wife and I were travelling on the A38 towards Plymouth, my vehicle was directly behind the DAF LORRY,KX06OZM, registered to Biffa and we were in a single lane 40 mph speed controlled road works, the skip was a closed type with access panels to the rear, however the covers were not locked down and the large piece of glass due to vibration dropped from the lorry directly on to my car.

My wife, passenger in my car witnessed the whole incident, we tried to attract the drivers attention , even pulling along side and sounding the horn, the driver carried on in total oblivion, we did however manage to take down the telephone number written on the side of the driver’s door, as we were alongside the lorry took a left hand off slip we were unable to follow because it would have meant swerving to the near side lane obviously totally unsafe secondly I had an appointment with a specialist in Plymouth and turning around at the next off slip and tracing the truck was not an option either.

This is when with hindsight and regretfully I should have pulled in at the next lay-by and called the police reporting the incident, I of course now wish I had done so.

As soon as we stopped at Plymouth I inspected the car and found deep scratches, glass impaled into the plastic bumper, I called the Biffa telephone number, eventually I was put through too MR WILSON at the HIGH WYCOMBE office, he was genuinely concerned and took down the details of the truck telling me call back after I had concluded my appointment in which time he would be further information about the vehicle.

I called back about an hour or so later when Mr Wilson freely told me that the truck involved was from the TAVISTOCK depot, and that it had just picked up the skip containing glass, he also asked if I could tell him where exactly the incident took place, as he, the driver, and theTavistock depot manager were concerned for other road users, I do not believe that the driver or anyone else went to check.

Everything I have written is the truth; I am not a liar nor am I trying defraud any insurance company.

How did I know that the skip on the back of the Biffa lorry contained glass if as the other insures said the skip was closed type?

Mr Wilson quite openly admitted that the last call that the Biffa lorry had come from was indeed a glaziers.

Mr Wilson also said that the vehicle had been travelling on that road and at that time, and where the lorry was based and where it was going too.

I do not think the driver would have gone back to investigate as he says because if the police or Highways Agency had been on the scene it would be not unlike putting your neck into a noose, in other words he would and Biffa would have faced prosecution for a dangerous and insecure load.

I do regret not informing the police but as a professional driver I I thought not involving the police was doing the driver a favour, and I also believed that Biffa would act in decent manor.

I have sent letters to Biifa, Biffa's MD,CEO, the local Depot where the vehicle was registered too, but Biffa's solicitors state that because no independant witnesses they will not accept liability, My insurance company Saga want to go for 50/50 and i do not, I will add that i do not have legal cover and am trying to get back the £370.00 I paid out.

Any one able to help!!!

[Bernie_the_Bolt]

You don't need legal expenses for this. If you were to litigate this it would cost only a small amount to lodge a claim and I would be astonished if it was defended.

 

What I would do is to reply to the lawyers as follows:

 

Dear Lawyers,

Thank you for your letter of dd/mm/yyyy which I have noted.

Unless you either agree to settle this claim in full or actually settle this claim in full within 14 days of the date of this letter I shall commence proceedings against your client in the County Court without further reference to you. My claim will, to a large extent rely on the doctrine of res ipsa loquitur.

Yours faithfully

[daviet1976]

I agree with Bernie 100% on this.