# Dad - Car Accident



## asbo (Oct 11, 2012)

So today my dad was driving to get some bits for the car we are restoring, going down (or up who knows?) the m5, there were some roadworks and some lanes closed off by cones. My dad is doing the limit imposed on that stretch of road of 40mph in the correct lane, Slovakian lorry realises last minute about the cones and closed lanes, and pulls into my dads lane.

The lorry spins my dads car around to in-front of the lorry, hits into the side of my dads car and pushes him down the motorway for quite some distance.

Luckily all ok. (thank god for the low speed as I think a higher speed spin would have been considerably different story)

We have a UK resident who was witness (and a very good witness at that) who stopped. He ended up telling my dad that he thought the lorry was going to squash my dad into the central reservation!

Witness called the police and stated "oh and you may need a translator" police were seen to whizz down the motorway, and manage to get through the tailback. When they saw it, they said "oh its just metal bends no one is hurt" and pulled my dads car out the way after getting stories and identity details. Told my dad to drive to service station down the road and sit and have a cup of tea just chill out for a bit.

My concern is the police did not breathalyse anyone, (I thought this was normal in a motor vehicle accident they attend, I was breathalysed when I got rear ended last christmas and that was definitely not my fault!)

I also think if the lorry driver had have been UK resident or maybe even spoken English the fact that they didn't realise about the cones must mean they were not driving with due care and attention. I think a letter to the police just to get an explanation from them may be due (no we are not the type just to chase and try to claim for wrong doing, I just want to know what happened)

Well my dad telephones his insurance company, who said "oh we normally can't find foreign drivers so you may end up having to pay your excess and loosing your year of no claims"

Now I have been doing a bit of button bashing, have found the haulage firms website and luckily they have an English translated version, and luck has it they have a copy of their insurance certificates on it! So these have been downloaded. It also turns out that on the MIB website you can search for insurance companies in other countries and find out their UK counterpart!!!

Lets hope it gets sorted asap!!

I have attached the photos!









The gentleman in blue is the Witness, of whom I am EXTREMELY thankful too.


















Didn't manage to get one of the damage as i got back late. inpact point if the rear quarter just infront of the rear wheel, this had damaged the door frame (door opens and shuts fine however) The sill at the back by rear wheel) Both doors are totalled, the front wing is also totalled, the tyres are screwed, (they were dragged sideways for ages!) and damage to both alloys. will have a decent look tomorrow in the daylight for anything else, I'm hoping to god no framework has been damaged!! Oh and the front bumper has been broken (the mounting points) the underbelly panel is gone (came off on the road and was too dangerous to retrieve along with the wheel arch lining for front passenger wheel.


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## polac5397 (Apr 16, 2014)

any accident all involved should have been breath tested. regardless if damage only rtc. at least your dad ok mate that could have been a lot worse have seen many accidents through work


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## TonyH38 (Apr 7, 2013)

Glad to hear your dad is O.K.


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## Guitarjon (Jul 13, 2012)

Glad he's ok. Bit of a poor response from both the police and the insurance company. seems like they've had cases like this and not got anywhere with them sop brushed this one under the carpet.


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## uruk hai (Apr 5, 2009)

polac5397 said:


> any accident all involved should have been breath tested.


My understanding is that it is standard procedure to breath test all drives involved in a accident.

Glad to hear your Dad is o.k.


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## james_death (Aug 9, 2010)

Your Dads ok so thats the main thing.

The Police breathalyze prety much as a part of course particularly in traffic collision... however its always the Police officers decision and they take everything into consideration.

I cannot say what there reasoning was in this situation but the road was totally blocked as a result but it was just after the slip road so seams to not affect traffic that much with them able to get off and imagine back on in short measure.

You need to get in touch with the haulage firm to make your insurance claim and there is the MIB legal expenses scheme you can try and claim on but that is so unfair to loose on your insurance when its not your dads fault.

Wish you and your dad all the best in this.


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## Lugy (Nov 4, 2009)

Yup, part of the Road Traffic Act 1988, not sure if it'd be worth the hassle of an email to the Police watchdog, the main thing is that the insurance seems to be working out so far.



> 3.1. All drivers involved in road traffic collisions must be breath tested unless the nature of their injuries preclude such a course of action. There will also be occasions where, due to the time lapse between collision and reporting, a breath test would cease to be of any value. If in doubt, a supervisor should be contacted for advice. The power to do so is derived from Section 6(5) Road Traffic Act 1988. The test may be carried out at or near the place where the requirement was made, or at a police station specified by the Constable. The requirement for a preliminary breath test should be made as soon as reasonably practicable.


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## ianrobbo1 (Feb 13, 2007)

Glad your dad's okay, looking at your witness's attire would he be an English lorry driver?? we see the Flip Flops getting away with murder on a daily basis nowadays, I think it's time they had to take a UK test, as half of them seem incapable of driving to any reasonable standard, and Mr Policeman was very very unusually lax in his duties, did the accident disturb their break I wonder!!


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## MDC250 (Jan 4, 2014)

Glad your Dad is OK 

Not sure why your insurer is being a PITA. If fully comp they should sort the repairs and claim from third party insurer.

You've done most of the work for them in locating the insurer for the third party! Most foreign insurers will have a UK handling agent and whilst usually a bit slower to sort out, the claim process is exactly the same as if it was a UK Insurer.


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## DJ X-Ray (Sep 2, 2012)

Glad the old man's alright mate; a bloke reversed into me on my way to work at a junction in front of a police vehicle stop and (which he was trying to avoid imo)and they didn't breathalyse either of us, although they thoroughly searched him.
he only done my number plate and we settled at the roadside(which the old bill suggested?) so i just took £50 quid off him that was that.


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## muzzer (Feb 13, 2011)

Thankfully your dad is ok, after my thread this time last year i was dreading reading this when i saw the headline.


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## Steve (Mar 18, 2014)

As long as dad is ok

the avensis will live again

If you have a witness .. youve done your homework.. Long process but im sure you will sort it.


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## Banksy40 (Sep 5, 2012)

No, they don't have to do a breath test. I had an accident a couple of years ago and they didn't test either of us. The other driver was at fault.

I did ask them if they wanted to do the test but they said there was no need as they didn't believe I had been drinking. 

The policeman was happy to when I asked just in case the insurance company kicked up a fuss. The insurance company wasn't interested in the test either though.


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## James Bagguley (Jul 13, 2013)

As above, glad your Dad is unharmed, must of been a pretty frightening experience though, if he has taken that in his stride then credit to him, a hardy soul indeed! 

Hope the insurance is easily sorted without you having to do all the leg work.


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## possul (Nov 14, 2008)

That statement from your insurers has got to be the worst thing ivet heard. We pay the nsurance because things like this happen. No way should he have to pay anything. With the amount of foreigners driving on our roads its a high chance, especially lorry drivers.
As yes few years back when I crashed I did get breathalysed, and on another I didnt! Never questioned it though.

Are they scared due to ethics? Will he play the race card? Who knows nowadays


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## Naddy37 (Oct 27, 2005)

Glad your Dad is okay. Reading what you've said, fingers crossed the insurance company don't put the blame on him, ie, not giving the plonker HGV driver room to move across, what with the lane being coned off......

An ex work colleague got rammed the same way, she however was doing 70mph minding her own business when she got whacked.


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## Shiny (Apr 23, 2007)

That's a rather negative attitude from your Dad's Insurers.

The 4th EU Directive was set up in 2000 as a central European database so insurance could be traced for vehicles. The MIB get the UK data from the MID, hence why fleet operators and motor traders have legal obligations to keep the MID updated.

Potentially the claim could take a little longer to finalise because of your Insurers having to deal with a Slovakian Insurer, but there shouldn't really be any problems. This is why the 4th & 5th EU Directives came about.


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## asbo (Oct 11, 2012)

Thanks all for your kind words. Dad is in some pain today, and was getting hot sensations so therefore went to the doctors, they asked him to go to A&E, he has been told its whiplash and given exercises.

I have spent a lot of time on the phone to the insurance company tonight, I have now emailed them all the photos and evidence we have and they are looking into it. 

The car has been assessed by the garage that is doing our Austin, the car will need both front wings, 2 new passenger side doors, new a pillar, rear quarter, and possibly the sill, front bumper either repaired or replaced and new wheel arch linings and underbelly panel. So they have sent the quote to the insurance company.

The insurance company asked if the police had attended, i said yes and they asked for the reference number. Dad didn't get given one so I rang them tonight, after speaking to a lovely lady in the contact centre, she found the reference. I asked if they needed to know my dad had had to attend A&E for their records, she asked if the police officer had taken a statement, I said no, I also asked about being breathalysed she said it was policy for west mercia police in any motor vehicle accident, well after a little chat with her she actually advised (she suggested) we put in a complaint and get a callback from someone higher up. Essentially the police did not breathalyse, did not check tachograph, and the fact the lorry driver had driven past 2 signs indicating that the lane he was in was going to be closing and to merge over, personally I would class this as driving without due care and attention.

Whilst Dad and myself fully understand that to investigate/action this kind of thing is very costly in time and resources, and we understand that nothing usually comes about this kind of thing, we feel that at least the minimum should have been done whilst at the scene not merely pushing my dads car out the way and getting him to move on.

I have some pictures of the damage that I will upload when possible.


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## nick_mcuk (Jan 4, 2008)

Happening to much....glad your dad is ok he got off lightly this is what happened to me just over a year ago after some D*ckhead Romanian driver pulled into me on the M25....I am still waiting for the insurnace payout...DL have given back the excess and had admission of guilt...DO NOT expect this to be over quickly!


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## Cookies (Dec 10, 2008)

Delighted your Dad was ok chum and I hope the exercises help the pain he is in.

There is some excellent advice above and I would definitely be writin to the Police Force in question as it would appear that standards have definitely fallen below reasonable expectations on this occasion, especially given the severity of the collision and the potential complexity of the resolution - you'd imagine that they'd have seen the Slovakian truck and thought about what will happen with insurance and liability, not to mention driving competence (or incompetence). 

Hope you get it sorted. Your Dad's lucky to have you doing some of the donkey work.

Cooks


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## asbo (Oct 11, 2012)

So 28 hours after making a complaint where we would get a call within 24 hours....still no call....hmmm


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## MDC250 (Jan 4, 2014)

That's cops for you...stick at it you will get somewhere eventually.

Just keep asking to escalate up...


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## nick_mcuk (Jan 4, 2008)

You won't get any help from plod just a standard letter saying they can't do anything and the driver of the truck will just disappear. Unless there was a criminal reason at the time of the accident I.e drunk suspected drug use or death caused the are powerless. 

I have one of these letters from Surrey police. 

Get on the insurance and make sure your dad keeps a detailed pain diary of each day. Use the personal injury claims lot the insurance company suggest assuming he has legal cover?


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## asbo (Oct 11, 2012)

Yeah he has legal cover.

Trouble is they due to their own negligence they will now never know if there was any criminal activity by the lorry driver.

Missed a call from enterprise yesterday to organise the courtesy car as dads bumper is hanging off. 

I've got the phone the insurance on Monday to make sure they have attached all the evidence I have provided to them to the case.

Ash


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## asbo (Oct 11, 2012)

On another note here is a photo my dad took of the damage in the daylight.


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## bidderman1969 (Oct 20, 2006)

Safely say that'll be a write off then


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## den656 (Mar 30, 2014)

Good morning matey, just read through this,and feel for your dad , I had pretty much exactly the same issue with my car about two years back,foreign driver, pulled into my lane,and car ,goodbye car .
The police only made a token appearance,no breathalyser etc, but to be honest I didn't even worry about that part,my concern was my car, which all credit due my insurance dealt with pretty well, I refused to pay my excess as it was not my fault,and luckily the driver admitted fault,but it took 6 months for the other side to admit fault, then another 7 months until they eventually coughed up,it was long winded,and they put that down to dealing with a foreign company,as apparently the foreign company also has a UK handling agent,but the agent only acts as a middleman so there is still a load of back and forth between all these clowns lol.
Just keep calm,and if he can tell your dad to just carry on with day to day and let this run in the background,it will take a fair time, no doubt with a few specialist doctors visits too if he is injured in any way at all,but fingers crossed the other driver will admit fault, then it's just down to waiting, all the best , Den.


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## Titanium Htail (Mar 24, 2012)

If anyone thinks that a side impact from an HGV is not going to cause some whiplash is mistaken, when the police crashed into the rear of our static vehicle the first thing they did was ask for a breath test, before my wife and I were taken to hospital.

As you say glad your dad is ok, take care.

John Tht.


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## bidderman1969 (Oct 20, 2006)

Titanium Htail said:


> If anyone thinks that a side impact from an HGV is not going to cause some whiplash is mistaken, when the police crashed into the rear of our static vehicle the first thing they did was ask for a breath test, before my wife and I were taken to hospital.
> 
> As you say glad your dad is ok, take care.
> 
> John Tht.


Eh? They crashed into YOU and they did a breath test on YOU????


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## Cookies (Dec 10, 2008)

Aah, that's the first step in plausable deniability. Basically trying to find a way out of it. Was the police driver breath tested?

Cooks


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## Titanium Htail (Mar 24, 2012)

That is a very good point, they admitted liability in the week I was told it was force policy to breath test where a Police vehicle was involved.

Good luck to the OP. John Tht.


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## nick_mcuk (Jan 4, 2008)

asbo said:


> On another note here is a photo my dad took of the damage in the daylight.


God thats not that bad....it will get written off probably due to labour costs now but that is repairable....

None the less scary for your dad but that could have been a hell of a lot worse.....like i had.


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## andystevens (Dec 12, 2011)

Bloody foreign lorries & I bet all he gets is a lecture as we are too namby pamby over here to do much more.


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## andystevens (Dec 12, 2011)

asbo said:


> Thanks all for your kind words. Dad is in some pain today, and was getting hot sensations so therefore went to the doctors, they asked him to go to A&E, he has been told its whiplash and given exercises.
> 
> I have spent a lot of time on the phone to the insurance company tonight, I have now emailed them all the photos and evidence we have and they are looking into it.
> 
> The car has been assessed by the garage that is doing our Austin, the car will need both front wings, 2 new passenger side doors, new a pillar, rear quarter, and possibly the sill, front bumper either repaired or replaced and new wheel arch linings and underbelly panel. So they have sent the quote to the insurance company.


Don't forget the alloys & tyres!


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## asbo (Oct 11, 2012)

So we have got a courtesy car, I'm so thankful to Enterprise who let my dad have it a little earlier than normal, all now we have to do is wait and see what comes about from the insurance company chasing the driver!

Courtesy car is a Skoda Octavia diesel automatic.


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## asbo (Oct 11, 2012)

andystevens said:


> Don't forget the alloys & tyres!


Yup I have told the insurance company that I want the tyres atleast checking if not replacing and alloys checking for damage, they have damage that can be repaired but want them checked for correct shape.

I have said that I believe that the tyres would now have flat spots, and also they are not designed to be scraped sideways. They agreed.


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