Debris flicked up by a lorry wheels damaged my car

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Tue 20 Jul 2010 17:29
Debris flicked up by a lorry wheels damaged my car - Mumstheword

Hi there,

I'd appreciate your thoughts on this pls -

A metal framework from what looked like a triangular road sign was flicked up by a lorry driving over it, and it then hit my car, which is damaged.

Does anyone know anywhere I can find any law relating to the liability in such a case?

Or any precedent?

The driver of the lorry admitted he drove over it, and so that it had flicked up from his vehicle.

If the lorry hadnt flicked it up, and we had just driven over it, there would have been minimal, if any, damage, maybe just tyre damage. As it is, the object has damaged the bumper and lights, and the underside of the car as it went under on an angle rather than flat.

Luckily for me, it went under rather than over.....as it was heading directly for me in the passenger seat!!

Thanks in advance for any advice and help x

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Wed 21 Jul 2010 08:31
Debris flicked up by a lorry wheels damaged my car - LucyBC

Damage caused by debris is (in theory at least) the resonsibility of the driver or authority dropping the debris. If the roadsign (if that is what it was) was in the road then the liability is with the person who knocked it there or put it there or the vehicle it dropped off.

As a result both you and the lorry driver would have a potential claim against them for any damage each of you suffered - but of course they are likely to be long gone and untraceable. The lorry driver is also a "victim" in these circumstances and you have no claim against him.

There would be a potential claim against the appropriate highway authority in some extreme circumstances but you would have to show that they had firstly been aware of the debris and had failed to resolve the issue in a resonably timely manner. This very rarely happens.

Similarly there is possible provision in the MIB untraced drivers scheme but only if there is a personal injury - the scheme does not cover damage only.

So the answer is almost certainly you were not at fault in the accident but there is probably no known defendant so you will have to claim on your insurance or pay for the repairs yourselves.

Can I add that if you incur damage caused by hitting lorry tyre waste after a blow out then even if the lorry can be traced it is usually not claimable as negligence cannot usually be shown on the part of the driver or haulage firm for "causing" the puncture.

Edited by LucyBC on 21/07/2010 at 08:39

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Wed 21 Jul 2010 21:09
Debris flicked up by a lorry wheels damaged my car - Mumstheword

Thanks LucyBC, I was worried that would be the case!!

I hoped it would work in the same way that in a multi-car pile up, you claim from the person who ran into you rather than the person who shunted them into you.

Never mind. I'll consider a claim on our own insurance. The labour alone is estimated at over £700 so no doubt it would be significantly more costly to repair than the loss of no claims discount!

Thanks for your reply x

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