jase-on

I was driving down South London this afternoon, and was involved in an accident with a 7.5tonne truck...

Well what happened was, I was driving on a two lane road, which sort of goes into one lane, now i was on the inside lane, and the truck was on the outside lane...
took some pics of the road...
http://i3.photobucket.com/albums/y56...8/DSC00093.jpg
http://i3.photobucket.com/albums/y56...8/DSC00091.jpg
http://i3.photobucket.com/albums/y56...8/DSC00088.jpg

You can see from the pics, that the inside lane was blocked by road works,
and so I stopped the car, and waited for the truck to go, so that i could cut in behind it.
But obviously, with the truck being so wide, he obviously had to watch the oncoming traffic, and my beliefe is that he wasnt watching me, but more the oncoming traffic, and as a result, when he went past me, he scraped my side.
http://i3.photobucket.com/albums/y56...8/DSC00098.jpg
This pic shows the arrow which indicates how the lanes go into one

Another pic to show damage:
http://i3.photobucket.com/albums/y56...8/Image031.jpg
Sorry, the pic isnt clear, but basically he has scuffed the side from the rear door, all the way to the front wing where the indicator is...and there are minor dents caused by the truck's indicator (which sticks out a good 10cm)

To make matters worse, his the damage on his truck was minimal (only paint from my car on his bumpers! oh the luck of it).
Not sure if the fact that he had a bandaged hand or was in his 60s contributed anything , but i am gutted

He is not accepting liability, and neither am I, since my car was stationary, and I could not stop him from coming into me!
So just wanted to know your views on this one, and whether I have any case to argue?

Cheers. Jase.

Snazy

On the basis that your vehicle was stationary the blame balance heads towards him. However their insurers will try knock for knock on the basis of the position you put yourself it.

Him being on the outside lane works both ways too. While you have "right of way" so to speak, you also have a "duty" to give way to merging traffic.

A lot of the incident is cloaked in unwritten rules, so something tells me this might get lost as a knock for knock incident, with you being invited to make a claim on your own policy.

All I can say is, get some Google pics of the area (arial photo's) Do a good diagram of the incident, and be as detailed as you can to your insurers.
Provisionally log it as an incident, but dont hand over his details yet.
Contact the company who owns the vehicle and point out your insurers have suggested its an almost definate claim for you, and would they like to go thru insurance or settle it privately.
Most haulage companies have such high premiums these days, they will cough up.

Leebo77

I'd continue to argue it mate. But, unless they cave in and pay up, I can see it being a 50/50 agreement (which your insurance company may also recommend). Good luck (and stay away from New Cross, the place is a nightmare).

alcazar

iTrader: (2)

Approach his company, show them the details, and state that you were stood still. Offer to get it done outside insurance if they pay.

There's a good chance they will.

Alcazar

wrx-kris

yeah, id say it was his fault.

try what alcazar said

gpssti4

iTrader: (6)

100% his fault. If you were stationary and waiting for him to manoeuvre around you, then it's his duty to give you enough space so as not to crash into you.

You've given a good account, I think that you just need to approach his company and give them the same details. Don't be fobbed off, make sure they know that you'll fight it. You need to approach his company directors or senior managers as they're the ones who'll make the decissions.

andythejock01wrx

In theory he is 100% liable. Just depends whether he tells porkies or not. If he lies and says both vehicles were moving at the point of impact it may be difficult to prove otherwise in the absence of witnesses.

Still, go for it !

jase-on

Thanks for the vote of confidence peeps
Will try to contact the company as well as my insiurers.
I think I have one witness to say that I was stationary, well took her phone number, hopefully she will testify.
Will let you know the progress.

Leebo, you from New Cross? Yes, that place is such a nightmare to drive through, traffic, ALL the way to Greenwich

EddScott

I suspect with a witness you might be OK. Without its likely it will go 50/50

My mother was stationary when a car went into hers. The woman who hit her was all oh dear oh dear friendly like. When it came to what happened from her POV my mother was also moving and it went 50/50 when she wasn't even in gear.

Snazy

I avoid the place as a thru route personally, shocking roads that way. Prefer to drive the long way round any day lol

Good luck with the claim mate