Help With Motor 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.

Evidence,.

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.

My wife is the only witness but the repairers of my car can obviously confirm the damage, digital photographs were.

I have sent this letter to Biffa, Biffa's MD CEO and the Depot Manager of the vehicle invilved, but all I get is Knock backs from the solicitors quoting no independant witnesses, I am not legaly covered for the excexx so im down £370 anybody give me some advice please??

[Mossycat]

Is there a question somewhere in that?

 

Mossy

[surfaceagentx20]

Mossy, the question's right there at the very end.

 

The fact there is no so called 'independent' witness is neither here nor there. If it comes to giving evidence your wife will go into a witness box and promise to tell the truth. If she does not she commits perjury. Precisely the same goes for you too. Your evidence will be accepted as honest and truthful and will remain that way until someone is able to demonstrate you're lying.

 

You might care to ask the huffy solicitor how many first hand eye witnesses his client has compared to you and your wife and how precisely he hopes to persuade a court that the pair of you are liars. Me thinks you just won that round two to their nothing.

 

More important than evidence concerned with how it happened (because you will win that issue) is the level of damage caused. If you have good evidence like photographs, quotes for the work (recording that glass was buried in the bumber and so on) and details you have paid the excess direct to the repairer, you're quids in.

 

The question the Judge asks himself is: 'on a balance of probability, weighing up all the evidence I have seen and heard, who is telling me the more credible story?'

 

You can only put up with 'no independent witnesses' for so long. If in due course you decide to sue let us know and we can draft the papers.

 

Good luck.

 

x20

[Mossycat]

Have you read this

 

http://www.consumeractiongroup.co.uk/forum/insurance-assurance-companies/161945-help-needed-insurance-claim.html

 

And the reply suggested there?

 

Mossy

[silverdel]

Obviously I seem to have upset Mossy!, however, I wish to proceed and would welcome help in drafting a letter too the solicitors acting on behalf of Biifa Waste.

 

So if you can give me some guidance etc i would be gratefull.

[surfaceagentx20]

We all act like our mum and dads eventually. Some of us even look like Al Simers (that would be x20Snr). Forgive and what was that you said?

[Mossycat]

I was just confused as to why you had posted the same thread twice and ignored advice given on the other one.

 

Mossy

[silverdel]

Hi Thanks for the help,

received an e-mail from Biffa today.

All claims and correspondence, written or verbal should be directed to Cunningham Lindsey in order for them to deal with your claim.

 

I am sorry to advise that Biffa cannot correspond with you directly in relation to liability, as this is a matter that our claims handlers are dealing with.

 

So could anyone offer guidance in this matter now??

[Mossycat]

As Biffa have stated you need to write to Cunningham Lindsey.

 

So I'd suggest the following letter to them

 

Dear Sirs

Your Client : Biffa

Date of Incident

Vehicle

 

I refer to the above and understand that you act on behalf of Biffa with regard to claims made against them.

 

On I was travelling along when .

 

In view of the above I hold your clients responsible for my uninsured losses which are .

 

I look forward to hearing from you in due course.

 

Yours faithfully

 

 

Send that to them, await their response and post back if you need further advice

 

Mossy

[silverdel]

Thanks Mossy, I'll do that today

[silverdel]

Hi, The claims managers/solicitors have just telephoned to say that " as no independant witness is forthcoming,we do not intend to accept liability on behalf of our clients"

Still I will try to fight on if anyone can give me the tools to do so

[Mossycat]

Have you put the letter I suggested in writing?

 

This will elicit from them a response in writing, their comments will determine your best course of action.

 

Written records are useful should it proceed to Court, which is a distinct possibility if they deny liability.

 

You have the tools to fight this (pen and paper, or PC and printer), start writing

 

Mossy

[silverdel]

the letter is in the post Mossy, thanks for the help.

[Mossycat]

OK that's an important step because it works like this

 

Accident occurs

 

Some holds someone responsible for damage and writes to them making a claim

 

Other party accept liability or deny it

 

Letters are exchanged

 

If an agreement cannot be reached it goes to Court for them to decide, hence why written correspondence is important. Keep a copy of all you send and all you receive

 

Mossy

[silverdel]

Mossy, Just an update, I have had no reply to my letter sent last week.

[Mossycat]

OK I'd be tempted to write as follows

 

Dear Sirs

 

Your Client : Biffa

Date of Incident

Vehicle

 

I refer to the above and also my letter dated and I am somewhat disappointed to note that you have failed to reply.

 

Please take note that should a reply not be forthcoming within the next 14 days then I shall issue County Court proceedings on your client without further notice.

 

Yours faithfully

 

 

 

That then puts the ball in your court since you have done everything possible to avoid Court action and you have provided a 14 day letter of intent.

 

After that, it's up to you, but I'd suggest posting back before you issue proceedings so we can advise you of what to say, what to ask and also the risks you are running if it goes to Court.

 

Mossy

[silverdel]

Hi Mossy, Got a letter back from Cunningham's, Biffa's motor claim agents stating, " we refer to our previous telephone conversation whereby we confirm that liability has been denied"

They also suggest I only communicate with my insures regarding this claim.

 

What is my next course of action??

 

Silverdel.

 

PS, Thanks for the help.

[Mossycat]

OK they are suggesting that you communicate with your own insurers because they assume you have fully comprehensive insurance.

 

It doesn't matter whether or not you have fully comprehensive insurance it is up to YOU how you handle it.

 

If you are fully comp you could go through your own insurers who in turn would try and recover their outlay from the third party (ie Biffa) or you could choose to notify them only and tell them you are dealing with this matter on your own.

 

If you are third party fire and theft then you have no cover on your own insurance and you are dealing with this matter on your own.

 

Assuming you are not going through your own insurance you now need to write to Cunninghams stating that you are dealing with this matter yourself (as is your right) and ask them on what basis they deny liability.

 

State fully the acident circumstances, stick to the salient points, state exactly why Biffa are responsible (unsafe load etc) and conclude by stating that the only way you could have known that the Biffa vehicle was carrying the load it was carrying was because of the circumstances as you describe.

 

Tell them unless they now accept liability the only course of action you will have is to issue County Court Proceedings and you feel sure that given the circumstances you will obtain a judgement.

 

Await their reply and post back

 

Mossy

[silverdel]

Hi Mossy, My insures whe they last contacted me were about to give in to Cunninghams and try to get a knock for knock settlement, strange as I was the only party that got damaged, I have asked them to fight the claim but as yet had no relpy, however, I want back the outlay I made for my uninsured losses,£370 even if Saga get 50% i will get nothing, as I did not have legal cover.

What do i need to do, do i follow the advice in the previous post and send a letter off to Cunninghams?

Thanks Mossy

[Mossycat]

Read this first, this explains exactly what knock for knock is

 

http://www.consumeractiongroup.co.uk/forum/insurance-assurance-companies/159985-knock-knock-explained.html

 

Then pursue your own recovery for your uninsured losses as per my previous post, knock for knock has nothing to do with your claim

 

Mossy

[silverdel]

Hi Mossy, I had a telephone call from Sga today, informing me that Saga has now withdrawn the offer of 50/50 with Cunninghams and have passed the case to theit own solicitors to pursue, it seems that the letter to Saga and Cunninghams have got the ball rolling.

Thanks for your help, I will keep you up to date.

[Mossycat]

No problem, thanks for the update.

 

Keep us posted. and Good Luck

 

Mossy

[silverdel]

Mossy, It was on the 19th October that I sent a letter to Cunninghams and still had no reply, what do i next, if it is as you suggested court action, can you give me some pointers ie, what forms do i need how to complete them etc.

Thanks

 

DB

[silverdel]

I have now issued a County Court Claim against Cunningham and Lindsey

[Mossycat]

The claim should be against Biffa, not Cunningham Lindsay.

 

 

Mossy