To WeeKaz

[BenDToy]

Answer to your question 'Accident Injustice'

[BenDToy]

Sorry about the odd way of answering, but couldn't post it on your question. Sounds like you had a bit of a rough deal, and I hope you don't have any long term effects. Firstly, and most importantly, get your lawyer to do the work. That's what they get paid for. Tell them what you want eg apology, �400 for car hire, compensation for stress etc. I think you did absolutely the right thing in returning the cheque for �25. If the other driver admitted liability, formally, which it sounds he did, then you have every right to expect his insurance company to pay up for any genuine costs. Make sure your insurance company are aware of what has happened. If you have legal cover as part of your own insurance, then they should pay for the lawyer. I am not really able to offer advice, only make some suggestions. I do think it is vital that you get proper legal advice.

[sddsddean]

Just a few observations. First of all WeeKaz, I am not doubting your version of events, but as a professional HGV driver please note the following for future reference. An artic is big. 55ft long. (A wagon and drag can be 60ft long) and can weigh up to 44 tonnes. All we have to see behind us are 3 mirrors and there are numerous blind spots which you can drop another truck into, let alone a car. If you see a truck doing something 'wrong' (such as in your case, apparently cutting you up) whoever is in the right, you in a car will lose. Drive defensively, back off and live to fight another day. Scream at the other driver if it makes you feel better! I have had 3 accidents whilst driving HGV's and all for the same reason. The unwriiten rule in the Highway Code that says 'I must get past the truck at all costs'. 2 of these were people who pulled out from side turnings, thinking they could beat me out. They soon learned that contrary to popular belief, 44 tonnes does not stop on a sixpence. No one died luckily, but one bloke was in hospital for 6 weeks. End of Road Safety rant. "Lets be careful out there" Sgt Easterhouse(sp), Hill St.

[Wee Kaz]

sddsddean, unfortuneately there was nothing I could do other than sit there and watch the whole thing happen as the junction I was at was tailed all the way back with temporary traffic lights, I wasn't even moving at the time of the collision! I couldn't move either way. The fact of the matter is, I was in the right and in this instance I couldn't be any more careful if I tried and I still ended up getting hit!

[edwarsp]

From what you describe, it appears that the third party have formally admitted liability. It is quite often the case that cases are settled after proceedings are issued but prior to a hearing. It sounds to me like the third party side were calling your bluff. HGV drivers and their insurers are notorious for not admitting fault, absolutely notorious for it and the previous answer from the HGV driver is typical of what I see and hear. I would go as far as to say that I am amazed they conceded liability. If formal liability HAS been admitted then you could and should be able to obtain compensation for all valid heads of claim, providing that you have mitigated your losses and have valid documentation to submit. I do not understand why your losses were not included in proceedings. How was the figure you received woked out? Did you have comprehensive cover? Did your cover include legal protection? Who arranged your hire car? Did you pay an excess? A previous answer encouraged you to pursue the matter and I would advise you to seek advice from your solicitor and insurance company, but please dont go screaming and shouting at anybody, I have to listen to people who feel a substantial injustice has been commited and there is nothing worse for demotivating you.