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Author Topic: A bit of advice would be appreciated here...  (Read 1668 times)

Offline BeezerDiesel

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A bit of advice would be appreciated here...
« on: March 11, 2015, 02:51:35 pm »
Rewind about a month.
I live at the entrance to a building site so basically there are lots of lorries dropping stuff off and picking mud up.
It's a fairly narrow road and gets a bit busy and is a T junction.

My wife returns home in the car having dropped my son to college, it's just before 9am and there is an arctic parked across the drive and along the front of my house waiting to make a delivery to the building site.
As my wife can't get on the drive she parks about 20 feet behind the lorry and the driver acknowledges her as she returns inside the house.
She just has a bad feeling about the lorry and keeps a close eye and when he starts up his engine she returned to the front window to see him reverse back and straight into my car!
She rushed out shouting for him to stop which he did and basically the lorry has pinned the car against the kerb. The both took photos and the driver suggested my wife drove up onto the kerb so he could move the lorry.
So then the driver starts reversing again so he can make the swing into the building site - straight into the bumper of the car behind!
Once again my wife shouted for him to stop and told him he'd just hit another car. The driver swore (then I think apologised for his language) and wrote down his company details and his bosses phone number on bits of paper, they took more photos and by now the site foreman was there after a neighbour went and got him, and the lorry went off into the site.

As my wife was in shock she didn't phone the guys boss but waited for me to get home and was in a bit of a state so her story is a bit of a muddle.

I phoned the guys boss, he was a bit rude and dismissive rather than apologetic and said he'd pay for the damage directly over the phone to a bodyshop.

The damage to the car initially just appeared to be a scored and scraped front bumper and mirror (which had been pushed flat to the car) but on investigation it was more obvious that the front wing had been pushed in slightly hence the bumper coming off its mountings and ripping the inner arch where it's bolted through.

So once I had a bit of time the following week I approached a few local bodyshops but they said it would be pretty expensive to fix and I'd be better off making an insurance claim. So I headed to a place a friend recommended out of town a bit and they quoted £580 to fix all in which is a fair bit of cash I guess but that doesn't get you much in bodyshop repairs.

The bodyshop tried to ring the guy but he denied knowing what they were talking about so I phoned him.
He said that was far too much money and asked me to get them to email him the quote.

After not having heard from him for over another week I phoned him asking him what he was prepared to do and as ever he was straight on the negative saying there was no way his artic would have done that damage to my car "as it was empty" to which I replied that even an empty artic weighs an awful lot and puts out masses of torque and was driven straight into my car by his negligent driver reversing blind side on a public road with no banksman.
"He was doing 5mph at the most not 20 mph so wouldn't damage your car, you're just ringing up making false accusations" was his reply!

At that point I was incredulous and asked him for his insurance details to which he initially declined and asked me to put it in writing. I stated if he didn't supply them to me the next call was to the police. He said he would deny everything and he then read out the details with a bit of sarcasm thrown in for good measure and I thanked him and hung up as at that point I just really wanted to be as far away as possible from his school bully attitude.

Now, I'm reluctant to put it through my insurers as it's an old car and if it goes to a bodyshop of their choice it would be written off for the pretty limited damage as they'd quote far more repairs than the small bodyshop said they'd tidy it up with. Plus there's the danger it will be my word against his.

If he'd had apologised and been polite I'd have split the bill with him possibly but alas he was rude and irritable and although I have a massive understanding of hauliers all my sympathies with him vanished.

So, basically I'll go through my insurers as a last resort and thankfully I have quite an extensive knowledge of transport law so I'll get them to ask some quite sticky questions as I know the logistics guy didn't stick to procedures that might upset his insurance company but he's arrogant enough to bluff and bully his way through.
What would my other options be?
Andy
7R

Offline lukemk5gti

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Re: A bit of advice would be appreciated here...
« Reply #1 on: March 11, 2015, 03:06:45 pm »
At a construction site they should have a traffic management plan in place by law as far as I'm aware.

These drivers should be briefed before even coming to site about the access routes and hazards assosciated.

Get the name of the contractor out there in charge, try and source a copy of their traffic management plan and make sure no "recent" updated have been made to it.

Go to court if you have to. Also I would tell the guy you were speaking to about the above as I'm sure he'll sh*t himself if he thinks you're going to start getting his paperwork checked.

Also in Ireland the HSA can be called to any construction site for any reason by any person, find whoever the UK version is and call them up. Explain the situation and say their traffic management is unsafe. Maybe you even have young children running around the estate and why didn't that truck have a flagman helping him reverse.

I work in this business and what you've just described is a clear violation on their behalf. Go through them for what they've done. Things could have been a lot worse and it'll prevent it happening again!

Offline BeezerDiesel

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Re: A bit of advice would be appreciated here...
« Reply #2 on: March 11, 2015, 03:30:19 pm »
That's perfect Luke, just the type of info I was looking for, thank you.

I'll give the contractors office a ring and see, I know for sure they normally use a banksman for artics reversing out of the site as it's right in front of my house.
From my own knowledge of transport law the haulier should also have a banksman policy in their best practice which has obviously been ignored also.

I'll give the contractors chance to put the wheels in motion and then I'll give the health and safety people a ring if I'm not happy.

 :happy2:
Andy
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Offline Tortaruga

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Re: A bit of advice would be appreciated here...
« Reply #3 on: March 11, 2015, 11:33:07 pm »
They will have public liability insurance as part of the building contract, which I assume covers damage to property as well as the person.

Speak to a Director at their head office about it too. Don't waste any more time with fu€kface.

'07 Red manual

Offline Jakesangel

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Re: A bit of advice would be appreciated here...
« Reply #4 on: March 12, 2015, 12:47:47 pm »
Their public liability insurance wont cover it unfortunately, it will be covered by the Lorry's motor insurance policy.

Don't bother going through your own insurers as you will lose your no claims bonus until such time as the claim has been settled in your favour and you will also probably have to pay your policy excess. Also don't bother trying to deal with that dickhead anymore, you were gracious and gave him a chance to sort it out but it seems he wants to play games.

Instead get in touch with one of the many accident management companies that are now available and they will be able to arrange the repair of your vehicle and also provide you with a courtesy.  Let us know how you get on mate  :happy2:

Offline BeezerDiesel

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Re: A bit of advice would be appreciated here...
« Reply #5 on: March 12, 2015, 04:42:17 pm »
Thanks for the really good replies.
I'm still waiting for the building site managers to schedule an appointment where we can discuss what rules the driver violated which is a shame as if there had been small children about it wouldn't have been pretty, so I'd just like chance to point out that they have safety rules for a reason. There are two building companies working there so I don't know for sure yet which company he was making a delivery to.
Jakesangel, your solution sounds simple and effective, maybe time to get the ball rolling with a company like that if the various managers of the companies involved so far all refuse to take any responsibility then the best way is to hit their pocket I guess, which is a shame as it's not how I like to operate.
Sometimes just a simple "sorry" goes a long way.
Andy
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Offline lukemk5gti

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Re: A bit of advice would be appreciated here...
« Reply #6 on: March 12, 2015, 04:49:39 pm »
Thanks for the really good replies.
I'm still waiting for the building site managers to schedule an appointment where we can discuss what rules the driver violated which is a shame as if there had been small children about it wouldn't have been pretty, so I'd just like chance to point out that they have safety rules for a reason. There are two building companies working there so I don't know for sure yet which company he was making a delivery to.
Jakesangel, your solution sounds simple and effective, maybe time to get the ball rolling with a company like that if the various managers of the companies involved so far all refuse to take any responsibility then the best way is to hit their pocket I guess, which is a shame as it's not how I like to operate.
Sometimes just a simple "sorry" goes a long way.

Typically two contractors are involved in the site but in Ireland one is the PSCS which effectively means the boss!

Ask for the main contractor, even if it was the other contractors fault they will be in charge of them.