Damage From Artic Truck

FX Meister

Had an incident with an artic trunk on the M1 yesterday. Guy had stones spilling out of his trailer and the hit my car, denting and chipping my bonnet and cracking my windscreen. Stopped the guy who was a typical ignorant truck driver, wouldn't even give me his name but told me to call his boss. Luckily another driver who's car was hit but not damaged stopped and gave me his card and said he would be a witness if there was any hassle. Called the owner who was an asshole down the phone and offered to pay for half the damage. Reported it to the cops who said if he didn't pay they would give me his insurance details. Met the owner today on the Dundalk bypass who was just an ignorant truck driver himself who just tried shouting me down. He said the windscreens on all his trucks were cracked and so what, I couldn't prove the stones came from his truck and that he didn't have to have a cover on the stones anyway. I told him the gardai would give me his insurance details and he said fine claim off his insurance. Quote to repray the bonnet is €300 and it's €220 for a new windscreen. Am I going to have much hassle with his insurance company? I presume he will tell them not to pay but at least I have an independent witness. Also, it'll take two days to have the bonnet done, am I entitled to car hire? Should I bother hiring a car as I could just borrow my sisters or should I hire anyway as the guy is being an asshole about the whole thing.

I.S.T.

He doesn't have much of a say, his insurance company will make the decision. Put the claim in and don't deal with him directly again. You have a witness so you are sorted.

KTRIC

As much as it pains me to give you advice :rolleyes: , I would say take him to the cleaners.

The paint on my bike was chipped recently by the insurance company when it was being recovered and I made sure I got them to pay for every last little thing.

blahblah06

this happened me before. he refused to let the insurance company paid out and im still waiting 2 years later. damage was only like 400 euro. insurance company said nothing they can do as its something to do with business insurance

dingding

Some transport businesses have a very high excess on their premiums, several thousand euro.

FX Meister

So if his excess is so high then why not avoid paying it by insurance? It seemed like he was trying to in intimidate me the way he was towering over me and shouting in my face. I don't really want to take him to the cleaners but just want to have the damage caused by his truck fixed. Don't think I'll bother with car hire for the two days, just the respray and the windscreen repaired.

Victor

You could report him to the Health and Safety Authority.

FX Meister wrote:

Don't think I'll bother with car hire for the two days, just the respray and the windscreen repaired.

Ask the garage for a loaner and have it added to the bill.

You may end up having to get a solicitor and at least write a nasty letter.

You might talk to the Garda about the driver refusing to give you his details.

ScouseMouse

In most policies it is stated you give the insurance company permission to act on your behalf. What this means is he carnt stop them paying out.

I had this trouble with a waste company in saggart and one call to the insurance company got a nasty phone call and a cheque from the waste crowd.

I told the insurance company that I knew it was only a few hundred quid and didnt want to claim, but he was blanking me. So they sent him a accident statement form and a notice of a claim against him, and he paid up to save his policy.

oleras

Claim on his insurance first, and if that does not work try the small claims court , very subitable for this type of thing "(b) A claim in respect of minor damage to property (but excluding personal injuries) limited to 2k" and only costs €15

Bluetonic

oleras wrote:

Claim on his insurance first, and if that does not work try the small claims court , very subitable for this type of thing "(b) A claim in respect of minor damage to property (but excluding personal injuries) limited to 2k" and only costs €15

I wish people would stop giving out incorrect advice on boards.ie The smalls claims court is to be used by consumers. The OP is NOT a consumer in this case.

A little knowledge is dangerous.

oleras

Bluetonic wrote:

A little knowledge is dangerous.

It certainly is, but so is a keyboard if you hit someone on the head with it....:)

Claims can also be made for minor damage to property.

would this not fall under there terms ?

Bluetonic

oleras wrote:

It certainly is, but so is a keyboard if you hit someone on the head with it....:)


would this not fall under there terms ?

Don't think so, think the OP would have had to be a consumer in the original case and have to had purchased a product or service.

oleras

Bluetonic wrote:

Don't think so, think the OP would have had to be a consumer in the original case and have to had purchased a product or service.

I notice your use of the word "think" twice ( i can do bold also...hehe)
Do you know this for fact ?

Henry Ford III

Simple. Get a good solicitor and an estimate of the repairs. Write to the owner.

1 week to settle otherwise sue. Cover your costs too.

Bluetonic

oleras wrote:

I notice your use of the word "think" twice ( i can do bold also...hehe)
Do you know this for fact ?

I've been on boards long enough never to state something as fact as someone is always there to pull you up on it.

Draw your own conclusions.

Are you eligible?

To be eligible to use the Small Claims Court

* You have to be a consumer - i.e. you have to have bought goods or services for private use, and from someone selling them in the course of business. The procedure is not available for use by one business person against another, or if you received the goods or services as a gift
* The claim must be for a maximum of €2,000

Before making a claim, be sure to know your rights and check the relevant legislation, particularly the Sale of Goods and Supply of Services Act.

Claims can be made for faulty goods, bad workmanship or minor damage to property.

oleras

Bluetonic wrote:

I've been on boards long enough never to state something as fact as someone is always there to pull you up on it.

Draw your own conclusions.

Yet you have no issues dismissing information is wrong ?


have a read of this, englighten yourself.......... and dont be so fast to pull other people up on what you percieve as inacurate untill you check the facts, makes you look a tad silly.

http://www.flac.ie/news/Small_Claims_Court.pdf

Claims can only be lodged by consumers or
people whose claim arises while they are
acting in a non-business capacity. The
procedure is not available to people whose
claim arises in the course of their business.

Types of claims that are dealt with :

a Claims arising out of the purchase of
faulty goods or the supply of poor
workmanship (this includes holiday
claims). The procedure is only available if
the person making the claim is a consumer
and the person defending the claim is a
business or has acted in the course of their
business.
b Claims for minor damage to property. A
body corporate or company cannot lodge
this type of claim.
c Claims by tenants who are renting part of a
dwelling where the landlord also resides. A
company cannot lodge this type of claim.

The consumer side of the small claims court, allbeit maybe 80-90% of the cases, is not the only part to it. FACT

MercMad

As far as I know in order for an Insurance Company to pay out, their insured party must fill out an accident report form. If he doesn't fill that out then they wont act !

They cant make him fill it out, but the gardai can. You will have to get them to contact him and put pressure on him to fioll out them form.

So let his Insurers know, give him a week, then tell the gardai to contact him.

You will only be entitled to a replacement car if your own policy has this benefit selected !

TheNog

I had an accident late last year which required a new bonnet and it took a day to do. I called my insurance company and they said I was entitled to get a hire car for the day or for as long as it took to get my own fixed.

Definitely only deal with it thru the companys insurance company. If you have any difficulty you could go to the nearest garda station with your witness and file a complaint. Endangering traffic is an offence under Road Traffic Acts.

MarkN

Similar thing happened me two weeks ago, rock fell off the back of a JP RYAN truck.

Scuffed the front bumper of my S3, nearly hit the bonnet.

Rang transport manager, grand on phone, asked to get email pic of damage and has since ignored me.

I'm tempted to go to the guards about them and put in a claim due to the way they are acting. What goes around comes around I guess!