Bus reversing collision help please

[nightnajjers]

Hello:-)

 

 

Has anyone got some advice on the following please.

 

 

Whilst going to work my partner was following a mini bus, the bus stopped on a hill without warning or indication (I know what you are thinking).

My partner stopped and waited behind the minibus for a signal or an indication, as the driver did not make any signal she made ready to pass the minibus. Her car was placed to the centre of the road, as she waited the bus the driver slammed his vehicle into reverse and hit her car. The tow bar on the minibus hit a point about halfway between the centre of her vehicle and the N/S headlamp, causing considerable damage to her vehicle but none to the minibus

 

 

I arrived about 5 minutes after the collision. I asked the driver of the minibus what had happened, he said “ I did not see her , I was looking for an address” he went on to say how can you see someone in the mirrors when they are stuck right up your a***e. The position of the damage to our car demonstrates quite clearly he would have been able to see our car in his mirrors, had he looked

 

 

Basically he was looking for an address, overshot the house he was looking for, and hurriedly reversed without looking in his mirrors.

 

 

No doubt having spoken to his boss and their insurance company, predictably he has now said the my partner drove into his vehicle.

 

 

Without any witnesses our insurance are just happy to do the 50/50 thing, I am not.

 

 

With photos and the position of the damage to her car, plus I don't think he will make a very good lair in a court situation, think I could do a reasonable job of proving it was his fault.

 

 

As the insurance company don't want to know, could we, Claim in the Small Claims Court. If so, who do we claim against? Him personally? His company, or their insurance Company? Do I Count as a witness regarding what he said shortly after the collision?

 

 

Thanks for any help

[Bernie_the_Bolt]

As the insurance company don't want to know, could we, (1) Claim in the Small Claims Court. (2) If so, who do we claim against? Him personally? His company, or their insurance Company? (3) Do I Count as a witness regarding what he said shortly after the collision?

 

1) Yes.

2) Sue both him and his employer (if he was acting in the course of employment). If they pass to insurers his insurers will likely take over the defence under their right of "subrogation".

3) Yes

[Surfer01]

Check if they have a valid licence to operate a mini bus and the driver has the correct type of licence.

[sailor sam]

Check if they have a valid licence to operate a mini bus and the driver has the correct type of licence.

 

Why? Was the mini-bus carrying fare paying passengers at the time? In any event this is irrelevant to the OP. Clearly (from the Op's account) the TP is at fault here. If the checks you suggest show that the driver or vehicle are not suitably licenced, how will that help the OP?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[Surfer01]

Ammunition!

[sailor sam]

Ammunition!

 

Sorry but I don't see how this would help the OP. If your'e somehow thinking that showing the TP's vehicle was being driven not in accordence with the relevant licence(s), then I accept that offences may of been commited which would possibly mean that the TP's insurance may be invalidated. OK, that indeed would be a problem for the TP but I fail to see what good it would do the OP. The TP's insurers would be obliged to still deal with the OP's claim (assuming that the OP can demonstrate that the TP was at fault).

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[papasmurf1cx]

If it ever gets to a point where it is going to court ensure you have as part of the disclosure the list of addresses he was picking up from. This will give credibility to the statement you say he said. In fact why don't you write and ask for it now so it is part of the case from the beginning. It may persuade them to change the 50 - 50.

[sailor sam]

If it ever gets to a point where it is going to court ensure you have as part of the disclosure the list of addresses he was picking up from. This will give credibility to the statement you say he said. In fact why don't you write and ask for it now so it is part of the case from the beginning. It may persuade them to change the 50 - 50.

 

While I can see where your'e comming from, I don't think the TP is obliged to supply this info. The OP could re-visit the scene and note the addresses however which may be usefull. If the actual address where the TP was looking for is known, this would be even better but without some form of statement from the addressee confirming that he/she was due to be picked up by the TP, i'm not sure how a judge would consider it.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[papasmurf1cx]

He needs to knock on some doors to ask, or wait on the normal route and watch where in fact goes.

[reorete]

id accept the 50/50 its not worth the bother and its hard to prove fault. maybe she was right up his back end?

[nightnajjers]

Thank you for your replies.

 

 

I have the address and photos of the minibus at the pick up point, so I don't think I will have any trouble proving where the incident took place. Plus the driver has said as much anyway.

 

 

B_T_B

 

 

If I sue both of them (driver and employer) would I do it on the same claim ie. Jointly, or would it have to be two separate claims?

 

 

SaiIor S

I have spoken to the addressee although they could not say they saw the incident I think they would be happy to say the were expecting the bus.

 

 

Surfer

Do you need a different license to drive a fare paying bus??. My licence states I can drive a mini bus with seating for 9-19 seats, but it does not state if that is for hire or reward.

 

 

Reorete:-)

 

 

Even if she was right up his back end (which she was not) that does not excuse his reversing into her vehicle. So you think that we should just admit defeat and be left out of pocket and lose a NCD and an insurance excess charge? just because we can't be bothered. The person that could not be bothered here, was the driver who could not be bothered to look in his mirrors.

 

 

Would you take a similar approach had the drive reversed over a pedestrian?

 

 

Even if it may be difficult to prove, trying to prove it is better that not trying to prove it at all.

 

I can always be more than bothered if I think I have even a slim chance of winning such a case. My bothering has resulted in several successful outcomes for me.

 

 

As they say,, Faint Hearts Never Won Fair Maidens!! …..

 

 

 

 

 

 

 

NN

[sailor sam]

Thank you for your replies.

 

 

I have the address and photos of the minibus at the pick up point, so I don't think I will have any trouble proving where the incident took place. Plus the driver has said as much anyway.

 

 

B_T_B

 

 

If I sue both of them (driver and employer) would I do it on the same claim ie. Jointly, or would it have to be two separate claims?

 

 

SaiIor S

I have spoken to the addressee although they could not say they saw the incident I think they would be happy to say the were expecting the bus.

 

 

Surfer

Do you need a different license to drive a fare paying bus??. My licence states I can drive a mini bus with seating for 9-19 seats, but it does not state if that is for hire or reward.

 

 

Reorete:-)

 

 

Even if she was right up his back end (which she was not) that does not excuse his reversing into her vehicle. So you think that we should just admit defeat and be left out of pocket and lose a NCD and an insurance excess charge? just because we can't be bothered. The person that could not be bothered here, was the driver who could not be bothered to look in his mirrors.

 

 

Would you take a similar approach had the drive reversed over a pedestrian?

 

 

Even if it may be difficult to prove, trying to prove it is better that not trying to prove it at all.

 

I can always be more than bothered if I think I have even a slim chance of winning such a case. My bothering has resulted in several successful outcomes for me.

 

 

As they say,, Faint Hearts Never Won Fair Maidens!! …..

 

 

 

 

 

 

 

NN

 

How do we know if he isn't self employed? If it is a taxi firm for example, it is highly likely the driver will be self employed although covered by the owner's (the taxi firm) insurance. It would also depepend on the details which were given by the driver. You should write to the address you hold from those.

 

Yes if you carry passengers for hire or reward. If the vehicle has more than 8 seats (plus the driver) it must be PCV registered and the driver must hold a PCV licence to carry fare paying passengers.

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful

[Bernie_the_Bolt]

B_T_B

 

 

If I sue both of them (driver and employer) would I do it on the same claim ie. Jointly, or would it have to be two separate claims?

 

 

Same claim

[reorete]

in several successful outcomes for me.??????? hmmmmmm that explains a lot

[crem]

in several successful outcomes for me.??????? hmmmmmm that explains a lot

 

explains a lot about what?

 

I didn't read into that statement from nightnajjers that these instances where "he bothered" are car or crash related, just that he bothers to fight his corner and not just let things happen to him.

[nightnajjers]

Thank you all for your input so far.

 

 

 

S.Sam, Good point i had not considered that the driver may well be self employed. I will write to the company and ask them the drivers employment status. I am not sure how many seats it had,but i will find out.

 

Crem Exactly my point, thank you.

 

I don't know how many times i have heard " I'll see you in Court over this and that" and nothing more ever happens, because some folk can't be bothered.

 

I guess there are two types, those that can be bothered and those that can't I am of the "I can be bothered type"

 

Enjoy the weekend:-)

NN

[ptol]

Think what the bus driver is saying. He is either claiming to have been stationary, or slowly moving forwards when your friend drove into the back of him.

 

Is he claiming your friend was drunk? As sober drivers tend to hit the brakes before crashing into the vehicle in front. Hitting the brakes hard cause the front end of the car to dip, which would change where the tow bar hit.

 

Likewise look at the photos you took. if there are any skid marks in front of the car tyres that will proove that the car was shunted backwards.

[nightnajjers]

PTol:-)

Thanks for the reply. The bus driver claims he was parked and our vehicle drove into his. As far as I know there are no accusations of being drunk.

Your suggestion of the car dipping on contact is valuable. I have taken many photos of the damage with a digital camera. It can clearly be seen that there is only lateral damage and no vertical damage.

 

Sailor sam

"Sorry but I don't see how this would help the OP. If your'e somehow thinking that showing the TP's vehicle was being driven not in accordance with the relevant licence(s),"

 

If it was the case that the driver did not hold a valid licence for the vehicle he was driving at the time, would that not imply that he would be unlikely to be in full control of his vehicle?

 

 

 

hold on to your hats

NN

[Surfer01]

If the driver was picking up fare paying passengers but is not licenced to do so, then more than likely they will be happy to settle out of court. Even if licenced it can be argued that he was looking for an address and was not driving with due care. How easy is it to see addresses i.e. name or number plates of the house from the road. Why did he decide to stop there? Was it because he had seen the address and then noticed it was two doors further down at which point he decided to reverse?

[nightnajjers]

Hello:-D

 

An update. it has been a while, but here is the outcome. Me being bothered!, resulted in doing the small claims business, the bus drivers insurance company employed a solicitor to fight their corner. Hearing date was set, we supplied the opposition with all the paperwork we were going to rely on at the court case. Other side admitted full liability and paid in full prior to the hearing. Result! did not have to go to the hearing and got all we asked for:lol:

 

Quote Reocrete........ "id accept the 50/50 its not worth the bother and its hard to prove fault. maybe she was right up his back end?"

 

There are those that can be bothered and there are those who can't, those that can't be bothered lose their money, those that can sometimes win:-D:lol:

 

Anyway thank you to all who helped with useful! information.

 

nn:-D

[sailor sam]

Good result! Thanks for the up-date

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.