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Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
He is liable.
It makes no difference whether it hit the road first or not
If he fell off his lorry he is liable
He should make sure the load is secure
Can I clarify anything for you about this today please?
how do i make a claim?
i cant find the object that hit the car
You dont need to find the object
But if you can show on balance it was caused by the lorry driver you can bring a claim
You need to issue a claim
For more details please see:
Does that help?
how can show?
You give evidence. You say you were driving and something fell off
The damage was not there before
It was after
what if the driver denies it?
It only needs to be shown in Court on balance
can i contact his insurance?
You can, but if they deny it, you would need to sue the driver, not the insurers
Can I clarify anything else for you?
if i have no proof or pic i cant see how i can make a claim. do i have to make a claim to his public liability insurance or his goods in transit insurance or the lorry insurance? will his insurance contact him?
You make a claim on his insurance or against the driver personally?
If you contact his insurance they will contact him
You dont need concrete proof
If you have a photo of the damage and file a statement in Court saying what happened, a civil Judge will decide on balance whether he believes you
If so you win the claim
If not you lose
As a lawyer, there are accidents all the time where one party denies what happened.
Ie who reverse into who, who hit who etc
These are all resolved at Court
You have to show on balance that you are more believeable
Does that clarify?
if the lorry driver says he hit the object and it flipped up i have no case?
Not necessarily the driver could still have been negligent by hitting the object
Had it not been for him hitting it, it would never had flipped up
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What else do you want to know?
I have answered all your questions?
yes because ur not a solicitor
Yes I am
I am registered with the Law Society
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Do you have any remaining questions?
You have rated BAD SERVICE for a third time
What remaining questions do you have?
I am only too pleased to be able to assist you and answer any remaining questions
So far I have told you legally what the situation is, how to issue proceedings and what stance a Judge would take in forms of witness evidence and photographs
What else would you like to know in order to make you completely satisfied?