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Advice please - should this be reported to the police?

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I had a road accident this morning - debris fell off the back of a flatbed lorry, I couldn't avoid a metal triangular hazard sign and it scythed into my tyre, then along the underside of the car. The driver stopped, gave me all the details and helped me change the wheel. I have a new tyre which they have promised to pay for, and have had the car inspected -'only cosmetic damage beneath thank goodness.

 

My colleague reminded me that it is the drivers responsibility to check the load is secure, and I am now thinking I ought to contact the police and report it. However I am worried that they may then not pay up the cost of my tyre.

 

What do you think Omleteers?

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I'd get quotes and ask him to confirm that he will reimburse you. Ask for the money by a certain date so that you can go ahead in the knowledge that the dosh is in your account.

 

You don't need to notify the police unless someone is injured, you suspect them of anything illegal or they try to leave the scene of an accident.

 

If you have their address it might be worth doing a drive-past to check that they do really live at the address (is the vehicle outside?) I was given a false address by a taxi driver who rammed me then tried to claim compo for ... you guessed.... whiplash :roll::lol: luckily some of his family live down our road so I was able to find him easily enough.

 

Sad, but it pays to be cynical.

 

Glad you're not hurt 8)

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First of all I have to come clean and say that my OH is a transport manager running a fleet of trucks. Yes, you are correct that it is the driver's responsibility to check the load, and it is the company's responsibilty to ensure the vehicles are roadworthy and maintained to a high standard. However, everyone can have an off day, and personally if there was no major harm done, no one was hurt, and he is offering to pay then I would give him the benefit of the doubt, and not report the accident to the police. Yes, if found negligent the company he works for will be fined, and he may lose his job, (or if he is a one man band he will not be able to work perhaps ) but would you really be comfortable with that? I wouldn't, accidents happen to the best of us. Do follow up on getting him to pay up though...if he is working for a company you will presumably need to make contact with whoever has the insurance details as well.

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Hmmmmm... Have heard of this situation lots - people admitting liability at the time of the accident, but then once they have slept on it they change their story... Money has never been forthcoming.

 

If you have any doubt that this person will not cough up, then go to police.

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An accident should be reported to the police not only where injury is caused, but if damage is caused too - unless both parties stop at the scene and exchange names, addresses and insurance details.

From what you have said, there is no obligation on you to report the incident as details have been exchanged etc.

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This happened to me on a motorway. A large canister fell off the back of a small truck and I couldn't avoid it so drove over it. The truck carried on blithely whilst I pulled over to check for damage. Luckily there wasn't any and I was able to get the number so reported it to the police. They stopped him further down the motorway and he ended up being fined for not reporting an accident and for an insecure load.

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Thank you - as always you are wonderful!

 

I've had two calls today from the HGV company manager, making sure I'm OK and asking about the damage and cost of repairs. They don't seem to be contesting it at all so at present I am happy to keep it between me and them.

 

Sorry to hear about your nasty experience Patricia - in those circumstances I too would have reported it. My Mum had a similar experience with a truck that blew a tyre which came off and hit her bonnet on the A1 - that company tried everything to avoid liability and she had the devil of a job getting the cost of the damage paid for. Hopefully I am fortunate and my encounter was with a real Knight of the Road :) .

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Sounds as if you've been lucky in a way Helen, in that the company seems to have some integrity. 8)

 

One thing I have learned is to always get independent witnesses if at all possible.

 

I was lucky enough to have two colleagues in the queue of traffic who had to swerve to avoid debris and are happy to be witnesses. No-one else stopped though.

 

You are right Clare - I do count myself fortunate as so far both driver and manager have been polite, helpful and shown great integrity. If the total costs are low (relative to their insurance excess) they have promised to reimburse me directly.

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