who do i claim from

I was hit by an on comming car who was pushed in my direction by a lorry who hit her. The lorry did not stop! i have put a claim through her insurance who say they are waiting on cctv footage of the accident. Do i have to worry about the lorry at all or is my claim soley with the lady who hit me? Regardless of what happend before she hit me surely isnt my problem is it. Her insurance should sort my claim out and claim back from the lorry at a later date?
10:31 Fri 03rd Feb 2012
 
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SpikeyBush
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In 2007 a womanI was overtaking moved out without looking into my lane, forcing me into a ditch. I then bounced off a tree stump in that ditch and into the path of an oncoming articulated truck. I initially thought that the owner of the truck would claim off me and then my insurers would in turn claim off the blind woman who forced me off the road for the repairs to the...
02:24 Sat 04th Feb 2012 Go To Best Answer

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It is also my understanding that you claim off the person driving the car and they claim off the lorry driver. Get on to your insurance company and inform them of the accident and let them sort it out that's what we pay insurance for.
You just put in the claim with the details of the accident, your insurance company are the ones who have to worry about claiming off any other drivers insurances. You have done all you need to. Let the insurance company worry about it.
In 2007 a womanI was overtaking moved out without looking into my lane, forcing me into a ditch. I then bounced off a tree stump in that ditch and into the path of an oncoming articulated truck. I initially thought that the owner of the truck would claim off me and then my insurers would in turn claim off the blind woman who forced me off the road for the repairs to the truck and a new car for me (it was a total write-off). However I was wrong. The truck's owners had to claim off the woman's insurers directly.

So had the woman who caused this mess not stopped, and had been unable to trace, then I would not be liable for the damage to the truck.

Also, put it this way. If you are in a traffic jam and I crash into the back of you with such force that I push you into the car in front and then do a runner, do you think it is fair that you are responsible for the damage to the car I pushed you into?
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My insurance has told me its a cat d write off and have said that unless i want to claim off my own insurance (who will hand me a pay out and take the car off me to scap) not to mention the excess and loss of no claims bonus! or i have to contact the other cars insurance direct and deal with them myself. I contacted the other cars insurance and forwarded them a copy of my engineers report thinking that they would pay out my claim and agrue the toss with the lorry owner afterwards. Bearing in mind that when the car hit me she was looking over her sholder i asume at the lorry?! from what i can gather they were traveling side on, she was hit by the lorry and it scrapped along her door to which she carried on driving looking over her sholder and steering into my car. I dont know who was in the wrong with regards to her and the lorry because i didnt see it happen. All i know is she carried on driving and while not concentrating on the road, steered into my car. Im really stuck on what to do. Do i demand that my insurer should still be involved in the claim and doing the running around for me or do i have to try and find out (if at all) who this lorry bloke was and claim through him? And if the lorry can not be located then surely the car is responsible for the damage to my car?????? the world of liability and insurance is so confusing
If the car that collided with you did so as a direct result of being hit by the lorry then it seems a fairly open and shut case that the lorry driver is liable and the onus is on you to trace him. However, if there was no contact and the collision with you is a result of the other car driver taking evasive action then it is a much trickier situation. When put in this position it is hard to know what to do for the best. Get yourself under the wheels of a bigrig and keep your no claims bonus yet break your neck in the process or swerve out of the way and risk a fender bender with another car?

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