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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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something big fell off a lorry and hit my car i couldnt find

Customer Question

something big fell off a lorry and hit my car i couldnt find what hit it. the lorry driver didnt see what happened but we exchanged details anyway. who is liable? does it matter if it hit the road first or not before i hit it? i also didnt take any pic of scene what should i do now? police where not at seen.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

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.

Alex Watts :

He is liable.

Alex Watts :

It makes no difference whether it hit the road first or not

Alex Watts :

If he fell off his lorry he is liable

Alex Watts :

He should make sure the load is secure

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-dd8y4obt- :

how do i make a claim?

JACUSTOMER-dd8y4obt- :

i cant find the object that hit the car

Alex Watts :

You dont need to find the object

Alex Watts :

But if you can show on balance it was caused by the lorry driver you can bring a claim

Alex Watts :

You need to issue a claim

Alex Watts :

For more details please see:

Alex Watts :

http://www.courtsni.gov.uk/en-gb/aboutus/usefulforms/smallclaims/Pages/SmallClaims.aspx

Alex Watts :

Does that help?

JACUSTOMER-dd8y4obt- :

how can show?

Alex Watts :

You give evidence. You say you were driving and something fell off

Alex Watts :

The damage was not there before

Alex Watts :

It was after

JACUSTOMER-dd8y4obt- :

what if the driver denies it?

Alex Watts :

It only needs to be shown in Court on balance

JACUSTOMER-dd8y4obt- :

can i contact his insurance?

Alex Watts :

You can, but if they deny it, you would need to sue the driver, not the insurers

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-dd8y4obt- :

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?

Alex Watts :

You make a claim on his insurance or against the driver personally?

Alex Watts :

If you contact his insurance they will contact him

Alex Watts :

You dont need concrete proof

Alex Watts :

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

Alex Watts :

If so you win the claim

Alex Watts :

If not you lose

Alex Watts :

As a lawyer, there are accidents all the time where one party denies what happened.

Alex Watts :

Ie who reverse into who, who hit who etc

Alex Watts :

These are all resolved at Court

Alex Watts :

You have to show on balance that you are more believeable

Alex Watts :

Does that clarify?

JACUSTOMER-dd8y4obt- :

if the lorry driver says he hit the object and it flipped up i have no case?

Alex Watts :

Not necessarily the driver could still have been negligent by hitting the object

Alex Watts :

Had it not been for him hitting it, it would never had flipped up

Alex Watts :

Does that help?

Alex Watts :

You have rated bad service?

Alex Watts :

What else do you want to know?

Alex Watts :

I have answered all your questions?

JACUSTOMER-dd8y4obt- :

yes because ur not a solicitor

Alex Watts :

Yes I am

Alex Watts :

I am registered with the Law Society

Alex Watts :

You have rated BAD SERVICE again?

Alex Watts :

Check on my credentials - I have been verified using a third party

Alex Watts :

All the experts on this site in UK Law are Solicitors or Barristers

Alex Watts :

Note: http://www.justanswer.co.uk/law/expert-alexw

Alex Watts :

"Note from JustAnswer: Alex Watts's Practicing Certificate was verified on or around July 2013 by a leading third-party verification service."

Alex Watts :

Do you have any remaining questions?

Alex Watts :

You have rated BAD SERVICE for a third time

Alex Watts :

What remaining questions do you have?

Alex Watts :

I am only too pleased to be able to assist you and answer any remaining questions

Alex Watts :

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

Alex Watts :

What else would you like to know in order to make you completely satisfied?

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