Collision with tractor

[Its WAR]

Today I was driving a hired Luton van.

 

I saw front end loader tractor forks at about 10 feet height enter the road from a country lane. I braked hard. 

 

The driver of the tractor kept driving these forward until he could see whether the road was clear to his right.

 

He immediately tried to reverse when he saw me almost on top of him. I could not swerve to avoid him due to oncoming traffic.

 

The near side panel of the Luton hit the forks which tore a slice (well above the cab)  through the side panel for about 6 feet.

 

The driver of the tractor said he couldn't see past the hedgerow so had to pull out more. This is why the forks were well into the width of the road.

 

The contract I have with the hire company state that the hirer accepts full liability for any overhead damage.

 

I expect the hire company will claim substantial repair costs from me rather than claim on their insurance. Of course, they will probably keep my deposit in any case.

 

Although I expect maybe the circumstances of the accident are not quite what the clause was designed for, which is probably driving under low tree branches or hitting the corner of a house due to the camber of the road.

 

I won't get to speak with them until morning to find out exactly how they will play this out. 

 

I have a feeling I might have to claim against my personal motor insurance. I would certainly expect 100% blame to be the tractor driver.

 

Does anyone have any urgent advise before I speak with the hire firm.

[Manxman in exile]

Assuming the collision must have occurred on a public road, what insurance details did the tractor driver give you?  I would pass those on to the van hire firm.  If they charge you for the damage, recover from the tractor driver insurer's third party claims dept.

 

I'm not sure if you could claim on your own insurance if you don't have an insurable interest in the van.  What does your policy say about driving other vehicles?

 

[Edit:  You perhaps should have posted on the Motor Insurance board.  Can you request the thread be moved?]

Edited July 13, 2022 by Manxman in exile

[dx100uk]

Moved 

 

Dx

[unclebulgaria67]

The overhead damage clause relates to people trying to drive under low ceiling garages, car parks etc and not for this accident type. 

 

The tractor driver should have had someone with them to help navigate near public main roads to ensure they did not come into contact with other road users. It was obvious having forks out, hedges obscuring view that they were at risk of causing an accident. Hence having someone with them ahead of them to help warn of other road users to avoid.

 

Agree that own Car Insurance will likely exclude damage to hire vehicles. Agree the hire Insurers should deal with the claim and to claim against tractor drivers Insurance.

[borisbeaver]

Agree with UB about the overhead damage.  This is normally where the driver drives into a fixed overhead hazard. 

 

The tractor driver has a duty of care when driving a vehicle like this with the hazardout protrusions.  They probably didn't even think about coming across a luton van.