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can i claim for this ??

jakesdaddy Avatar
6y, 9m agoPosted 6 years, 9 months ago
As i was driving home, i was behind a bin lorry something came off it and cracked my windscreen,there was only me and this lorry in front of me, there were no other vehicles on the road at the time.i did get the registration number and the councils name off the side of it,thanks.
jakesdaddy Avatar
6y, 9m agoPosted 6 years, 9 months ago
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#1
Sounds like you had a rubbish trip home :whistling:
#2
Lol.... did you see what craked the screen?
#3
transit
Sounds like you had a rubbish trip home :whistling:


*Picks up your coat and points*
#4
yes you can this happend to me the local council were cutting the grass a brick was throughn up and onto the road it smashed my windscreen called the counci they sent a claim for i got paid took ages but i did get the money
#5
Unlikely. No witnesses, your word against the lorry drivers. You would need to prove liability and negligence which is going to be nigh on impossible in that situation. Hard luck dude, happens to us all at sometime.
#6
definitely. i mean you can claim for falling in uncovered grids, and you can claim for any damage you can prove from a pot hole so i would defo give it a go with photos, receipts etc
#7
Of course you can claim, you must also report the accident to the police withoin 24 hours of it happening.
Failure to do so is an offence.
You must also notify your insurance company, even if not claiming.
Report it asap to the police, then notify your insurance and get them to claim for you - you wont lose your no claims as it will be taken from the councils insurance

Remember failure to report the accident could see you losing your driving licence, and a hefty fine, even if you didnt cause it.
#8
karenhornby
Of course you can claim, you must also report the accident to the police withoin 24 hours of it happening.
Failure to do so is an offence.
You must also notify your insurance company, even if not claiming.
Report it asap to the police, then notify your insurance and get them to claim for you - you wont lose your no claims as it will be taken from the councils insurance

Remember failure to report the accident could see you losing your driving licence, and a hefty fine, even if you didnt cause it.


Lol! Chill out!
#9
deffo report to police....lorry committing as offence...carrying unsafe load
#10
karenhornby


Remember failure to report the accident could see you losing your driving licence, and a hefty fine, even if you didnt cause it.


In the op's instance i find that very hard to believe :)
#11
You cant claim if it was a stone that flicked up from the wheel nor if you dont have the item...

However.. for example.. if it was a wheelie bin for example which came off the back of the truck and into your car, yes you could claim as they could of prevented it, but if it was an item of debis off the road you have no chance.
#12
transit
In the op's instance i find that very hard to believe :)


In that case I suggest you read this - 5 points and £885 fine


If you want to read the whole story - 4 pages long) look here http://forums.pepipoo.com/index.php?showtopic=47265

Ok, having recieved so much helpful comment here's my update.

It's trial day at last

2 witnesses for the crown were in attendence. The Registered Keeper of the Fiesta (TheRK) and the witness to the accident (WITLESS) - spelling mistake intentional. Plod decided he had better things to do.

One more addition toTheRK's witness statement. Which clarifys why they said my Relly was 'attempting to Park'. It read that TheRK and WITLESS had walked over to the vehicle they believed had had an accident and saw damage and paint scratches on the rear wheelarch and rear bumper corner (near side) of my Rellys car. Which I believed strengthened our case somewhat, as this is contrary to TheRK's original statement (Door to Door collision), and nobody who consciously had an accident would park in close proximity to the accident?

TheRK was the first witness and they largely stuck to their witness statement, but also adding they saw purple paint on my Relly's car in the position indicated above, which is consistant with a vehicle (My Rellys) attempting to park in a Parking bay on their left, and hitting the car in the space on their immediate left (TheRKs Fiesta). The damage to TheRK's car tho, had moved from their drivers side 'rear door + Panel' to the rear bumper driver side corner. Also correctly identified the makes and models of both cars, despite not seeing my Rellys car.
They said that they had drove forwards into the space, so again this was consistant with someone clipping their car whilst tying to park in the bay to the immediate right.

Now came WITLESS. WITLESS stated they they had 'Saw and Head a Bang!' under close questioning from our barrister, and 3 diagrams hand written diagrams, they eventually admitted that they hadn't actually 'saw' anything (they were indeep conversation with their mother) and that they had come to that conclusion after hearing a 'medium bang' behind them.
Next, they said that both the bays either side of TheRK's car were occupied. But that my Relly had still attempted to park next to it ...errr... It took several attempts by the Crown Prosecuter to get her to change her mind and that they weren't quite sure about whether cars were parked either side of TheRK's car or not
Also they were adamanent that TheRK's car had been reversed into the bay and the damage was to the FRONT driverside bumper. and only consistant with an impact parking in the Immediate LEFT of TheRK's car, and not the right as stated by TheRK.
Next they stated several times that they noted down all the facts and tht both cars were Ford Fiestas .... errr no..... and no amount of gentle prompting by the Crown was changing her mind!
They then moved onto the damage and 'purple paint' and this too seemed to have moved from the rear bumper of my Rellys car onto the front bumper. Again contrary to TheRKs statement
They also said that they saw my Relly park, and walk off to the High Street 'as if nothing had happened'

So at this point the Crown had presented 2 witness that described 2 diffenent sequence of events,
I must admit to having several head shaking events and a giggle or two as - under oath - WITLESS had changed their mind many many times, it was laughable.

At this point, our barrister asked that AC10 (Failing to stop after an accident) be removed from the charge list as the Police had not provided evidence that my Relly had NOT reported an accident. The Mags asked the Clerk if this was the case and he said that it was. Our Barrister also asked that the whole case be thrown out as the defendant cannot possibly defend themselves when the Crowns witnesses themselves cant agree on the sequence of events.

There were 3 Magistrates, which I believe means they're Lay Magistrates and just redundant Councilors or retired Professors who cant find anything better to do. But our barrister was robust in his plea to have the Case ended there and then.

They disappeared for in excess of 30 minutes, and returned saying that AC10 has been dropped but for the other 2:
o Failing to give particulars or to report an accident within 24 hours AC20
o Driving without due care and attention CD10
there was still a case to answer. Hmmmm.......

My Relly took the stand and eloquently presented the 3rd (and truthful) sequence of events. 20 years no clams, full clean license etc... some light questioning from the Crown about the Photos sent to the police with the NIP, but they didnt try to contradict any of my Relly's recollection of events. So that's 3 possible sequences of events. 1 from the defence and 2 from the prosecution.

We were confident that this was going to be it and that the Mags would return NG on the remaining 2 charges. The Crown had not offered a Motive, and seemed to have not recovered from WITLESS's performance.

Again 30 minutes later the Mags came back and asked my Relly to remain Standing.

On the first charge of Driving without due Care - GUILTY.
In a momentary lapse of concentration you hit TheRK's car, you then parked your car in another bay and left the scene.
On the Second charge of Failing to Stop. - GUILTY.
They mags didnt saythis in as many words, but eluded that the only reason my Relly had sent in photos was that they had repaired the damage and merely wanted to back up the subterfuge.
At this point our barrister stood up and interrupted the summing up saying that No-one in the court had suggested this as a possibility. The Clerk got involved, but I couldnt hear the exchange.
The Mags seemed to ignore this and carried on saying that they were ignoring DWDCA and going for a more aggravated 'Failing to Stop'.

5 points £885 fine.

Words fail me.

I had a very dim view of the Justice system, hence me lurking on these boards for sometime before posting my own sorry story. Now it is shattered. If this is the kind of nonsense that convicts people in this country, then be afraid. very afraid.

We had a 10 minute chat with the Barrister afterwards and he said he was very surprised of the GUILTY verdicts(to understate his reaction), and that it was difficult to question 1 witness as getting them to change their minds would likely mean they backed up the other witness. 'Stitched up like a kipper', he said. The Mags must have taken the view - very early on - that my Relly was guilty and were merely looking for an excuse to convict whilst disregarding the Prosecution problems. Having not gotten one, they made some up. (my words)
He detailed 3 options at this point:

1 Appeal. But this would be very expensive, and carry this sorry affair another 6-12 months
2 I'm not sure of this one, but this is my understanding. The Mags summing up was wrong, as the reasons they gave were said by no witnesses (fixed car then took some photos) and contrary to WITLESS's statement that my Relly parked and left the scene knowing they had caused an accident (WITLESS said my Relly had walked off, 'as if nothing had happened') THIS WAS WRONG and if the Crown agreed, they could possible get the judgment put aside and have a retrial in the Mags court again
3 Take it on the chin

He added that talking to the Clerk and Crown Prosecuter they all expected my Relly to appeal that.

Shattered, my Relly has gone for option 3, I feel gulty as I have pushed them to all this worry and raised their liability in this sorry affair to excess of £1000 and maybe £1500.

You live and learn I guess.
#13
As bit of rubble fell off a truck a few weeks ago and cracked my windscreen - it was covered free of charge by my Insurance Provider, although I will need to get the Windscreen replaced before its next MOT which will cost me £70 but does not effect my excess, not sure if this is a option for you
#14
karenhornby
In that case I suggest you read this -


You trying to send me to sleep or what ;-)
#15
karenhornby
Of course you can claim, you must also report the accident to the police withoin 24 hours of it happening.
Failure to do so is an offence.
You must also notify your insurance company, even if not claiming.
Report it asap to the police, then notify your insurance and get them to claim for you - you wont lose your no claims as it will be taken from the councils insurance

Remember failure to report the accident could see you losing your driving licence, and a hefty fine, even if you didnt cause it.



From this post, it was clear that you knew nothing of the law.
And then your 2nd post was a post from another forum, which A) was poorly constructed B) That persons side of the story and C) irrelevant, because from what I read it involves an actual accident, that both parties were aware of, whereas this is about a falling object that the binmen/woman are maybe not even aware has fallen off.

Maybe you should actually learn facts, rather than just run off the spiel you have found on another forum.
banned#16
RickT
You cant claim if it was a stone that flicked up from the wheel nor if you dont have the item...

However.. for example.. if it was a wheelie bin for example which came off the back of the truck and into your car, yes you could claim as they could of prevented it, but if it was an item of debis off the road you have no chance.


Yeah they got away with this when they said they had cold stripped a road less than a foot from my car and coated it in tarmac :x Why they didn't just ask me to move it off my drive. Cost £25 to get it valeted so didn't bother pursuing.
#17
You could make a claim but they would probably refuse to pay out, or skip liability, but thats just my tip on the subject as I've never bin in this situation.
#18
harlzter
You could make a claim but they would probably refuse to pay out, or skip liability, but thats just my tip on the subject as I've never bin in this situation.


nice:thumbsup:
#19
karenhornby
Of course you can claim, you must also report the accident to the police withoin 24 hours of it happening.
Failure to do so is an offence.
You must also notify your insurance company, even if not claiming.
Report it asap to the police, then notify your insurance and get them to claim for you - you wont lose your no claims as it will be taken from the councils insurance

Remember failure to report the accident could see you losing your driving licence, and a hefty fine, even if you didnt cause it.


And 12-18 months in prison.
banned#20
warehousestock
Lol! Chill out!


why dont you chill out loooooooool
#21
MunkiMadz
From this post, it was clear that you knew nothing of the law.
And then your 2nd post was a post from another forum, which A) was poorly constructed B) That persons side of the story and C) irrelevant, because from what I read it involves an actual accident, that both parties were aware of, whereas this is about a falling object that the binmen/woman are maybe not even aware has fallen off.

Maybe you should actually learn facts, rather than just run off the spiel you have found on another forum.


Your so wrong, I know quite a bit about law, and especially motoring law.
You only read the bits you wanted and skipped through the bits you didnt.
Had you read it properly you'd have seen that the person who was fined didnt have an accident, didnt hit anything, and was parked in a car park at the time not anywhere near his car, the witness who claimed to have seen and heard him do it admitted in court they didnt hear anything and didnt see him do it, that witness along with the ownder of the car kept contradicting themselves, such as the car was parked by reversing into the space or drove in, the make of the car that hit them, and the colour.

Even the prosecuting cps barrister couldnt believe the result where someone who had not caused or had been in an accident could have come out of that with 5 points and a hefty fine, just on someones word.
Even the police officer refused to visit the people concerned and didnt turn up in court.

Yet the original charge for the person who was supposed to have hit someone was failure to notify an accident to the police within 24 hours.

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