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Old 31st August 2007, 23:34   #1 (permalink)
dx100uk
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Default Car hit by stolen dumpertrack - who to claim against?

this has just happen tonight, too late to start the round of phone calls.

basically a stolen dumpertruck which appears a site only vehicle [it has no numberplates displayed etc] was forced by my parked car on a narrow road, i have front wing damage [pushing-in scraping] wing mirror and side / headlamps off and smashed.

the car is R reg & fully comp, but, i would think it will be a write-off if i claim on my ins. plus id rather not lose my no claims.
in all truth the damage is prob just a new bolt-on wing etc the lot less than a couple of hundred quid.

now my real point.
can i claim off the hire company?
or as the police indicate, off the builder site company that should of protected it from being stolen?

i am certainly going to be on the phone to both tomorrow, but any legal tips or advise or good knowledge etc would be most welcome.

to end the story, i followed the tracks across several ploughed field and found it dumped.
it has already been recovered.
i have the crime number too

anyhow, over to you people.

i would love to hear ideas on who to get money out of.

thank you

dx100uk
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Old 3rd September 2007, 13:24   #2 (permalink)
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Default Re: Car hit by stolen dumpertrack - who to claim against?

Sorry, It looks like you will have to bear the costs yourself.

As the vehicle was stolen, then the Builders PL insurance will not pay out. It will be very hard to prove negligence on the hirer of the vehicle, and that his actions contributed toward the theft of the vehicle.

You can claim from the MIB but there is a £300 excess.

The only way I can see the Builders Insurers paying is if the keys were left in the vehicle, and the thief was told this / something similar.
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Old 3rd September 2007, 14:35   #3 (permalink)
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Default Re: Car hit by stolen dumpertrack - who to claim against?

If the hirer (aka the builder) failed to properly secure the vehicle then they are negligent.

However, the degree of negligence will relate to the degree of security employed, and can only truly be tested in Court.

It would be for your insurance company to deal with in the first instance.

There is a fund for dealing with claims for damage/injury caused by uninsured drivers, but this particular vehicle was uninsurable in the first place so may bot be covered by this...
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Old 4th September 2007, 02:11   #4 (permalink)
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Default Re: Car hit by stolen dumpertrack - who to claim against?

busy day.........
ok wellthings are looking up.
it transpires, after being led up the garden path by the site manager that it was a hire dumper, but having been in contact with the md's ec of the name embazioned on its side, it was not, they are the ones doing the work too! [site manager got a flee in his ear from the md about that!]

offshoot of it all is the guv'nor came round to see the damage today & is making very favourable noises about paying for the damage.

with talking to him, the police & visiting the site myself, the little dirtbag drove it staight through the security fence...not a pretty sight.

sadly he would of been bagged had he not jumped from the moving vehicle forcing the pc chasing to jump onboard and stop it from going through the front of a house.

quite a large incident it transpires and im not the only one with damage.
police have said they do not consider site manager took sufficient measures to secure the vehicle. only took keys out and left these hanging in a wooden site shed nothing more secure than i wooden bogshed!

my insurers even though fully comp consider the damaged enough to action a write-off, but will pursue my costs of repair should owner not meet then, so i think im onto a winner.
all parts are available from poland for less than £300 and thats inc pass door sliding door and front wing! how do they do it.
thankfully its all a bolt on job, just the respray to sort out.
pint is still a current listed colour from make, so i'm quite ok on it all at present.

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