Unsafe load - images from Dash Cam (1 Viewer)

[Revolvor]

Yesterday afternoon we were driving on a local road, when as I came round a corner, three vehicles were approaching. As the first car approached my car, there was a flash of something black appearing from between the first two cars, and then a horrible bang as I drove over it. I braked to a halt as did the car following me, and after looking at the front of my car, went back to see what I had driven over. It turned out to be a child seat - now in a lot of pieces. Black plastic all over the road - some of it from my car.

I have a Dashcam, as and I looked at it, it turned out the first vehicle - and elderly Mercedes G-Wagon, was towing a white van on a rope. We can only surmise that the rear door of the G-Wagon opened, and the seat fell out. The G-wagon did not stop.

The Bummer is that it was not my car! It's a newish Nissan Qashqui that I had borrowed from a relation for the day, as mine was in the garage for repairs. As such I only have 3rd Party Insurance. The front bumper, grille, fog light trim and engine undertray are all trashed, and I'm sure will cost many hundreds to repair

I have the Registration for both vehicles, but I'm not sure what to do. I assume I cannot claim on my insurance (or the other driver's insurance) but should I report it to the Police?

I have attached some photos below - nearly sequential frames from the Dash Cam ... it all happened so quickly.

 

[My Dog Likes Fishing]

How strange there doesn’t look to be any open doors or window ms open wide enough for it too have come from the towing vehicle. Think your going to struggle to win that one unfortunately. Feel for you.

 

[Drifter]

The first photo seems to show the seat on the road, maybe the van clipped it

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[DBK]

Looks like it was already on the road and was knocked into your carriageway by one of the other cars.

 

[GAVLAD]

I would agree with the above - it looks like the car seat was in the road. Maybe because the Mer was towing the van, they could not swerve or stop to avoid it?
Can you replay the dash cam footage and concentrate on the road area or see whether the Merc clipped the seat?
I wouldn't have thought it fell out of the Merc as the van driver would have alerted the Merc driver - plus the tailgate's are heavy so if it did open, it would have sprung fully up.
Awkward regarding discussions on repairs. I feel sorry for you.

 

[Ernesto]

It certainly looks like the seat was possibly already there rather than falling from the other vehicle.

I truly hope the damage is not as costly or as bad as you fear - maybe a good independent garage/bodyshop rather than a dealer fix ......but thats the (considerable) risk one takes, driving a newish car on just 3rd party insurance??

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[Revolvor]

Update!! After your suggestions about the seat already being on the road, I looked at the footage again, concentrating on the 50 metres before the seat appeared, to see if it was on the road. It can clearly be seen that the seat was on the roof of the Merc, before falling off the back!!

I've taken another snapshot of one frame, which is not very clear, but visible if you zoom in. Going through the footage frame by frame, it's very visible on the roof and then slowly disappears off the back, before bouncing of the front of the white van.

I'm resigned to paying for the damage myself, but would you report it to Police, or is that just a watste of time and effort?

 

[Ernesto]

If you have video evidence it fell off the Merc than I think you're in business - I would contact Police asap and get it logged

 

[TheBig1]

You must report it to the police, as failure to report a collision is breaking the law

as above, it looks like the van hit it first, sending it flying at your vehicle

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[Revolvor]

Zoomed in Image -

 

[Riverbankannie]

Absolutely report to police, they will prosecute if shown to be unsafe load. Happened to my husband when a garage door came off the back of a pickup truck going the other way.
At the very least you can claim on the Merc drivers insurance for your repairs.

Looks like his tailgate open? Do you have the images before that last one you posted?

The repairs to our car from running over the door came to over £3000

 

[tofo]

Just a thought do you have legal cover insurance they could help
Re: what next if you have proof of fault .

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[Richard n Ann]

I'd be trying to claim on the Mercedes insurance. Why should you pay, it's their fault if they can't secure their stuff.

 

[TheBig1]

there is no way in hell that the driver of the towed van didn't see it all happen, so he can be prosecuted to for failing to report

 

[Emmit]

You have had an accident as defined by the Road Traffic Act.

You are under no obligation to report the accident because you have not damaged another vehicle or injured any person being carried in or on that other vehicle.
However, The other (Mercedes) driver is under an obligation to report the accident because something that was in (or on) his vehicle caused damage to another vehicle.
In addition of course, it would appear that he has carried an unsafe load.

First port of call is the Police and, if that fails, go to a Solicitor because you have the evidence to prove the incident.

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[Bart]

Absolutely I would be reporting it to the police and trying to claim from the other cars insurance,, I would be doing that PROVIDING that you are sure the damage will cost like £500+ and your excess is not like £300
As once you make it official you will have to notify the insurance company and it WILL effect your premium each year for the next 5 years even if it is a non fault claim.

 

[Emmit]

For those who have problems sleeping, here is the relevant legislation.
Duty of driver to stop, report accident and give information or documents.
(1)This section applies in a case where, owing to the presence of a [F1mechanically propelled vehicle] on a road [F2or other public place], an accident occurs by which—

(a)personal injury is caused to a person other than the driver of that [F1mechanically propelled vehicle], or

(b)damage is caused—

(i)to a vehicle other than that [F1mechanically propelled vehicle] or a trailer drawn by that [F1mechanically propelled vehicle], or

(ii)to an animal other than an animal in or on that [F1mechanically propelled vehicle] or a trailer drawn by that [F1mechanically propelled vehicle], or

(iii)to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road [F3or place] in question is situated or land adjacent to such land.

(2)The driver of the [F1mechanically propelled vehicle] must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

(3)If for any reason the driver of the [F1mechanically propelled vehicle] does not give his name and address under subsection (2) above, he must report the accident.

(4)A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

I will be back later to ask questions.

 

[Revolvor]

I contacted Police 101, and they said that I should report it in person tomorrow at our local Police Station. I'm worried that I may have my insurance premium affected just for reporting it, even though it was not my fault.

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[SteveJ]

I had a similar situation, car hit by a loading ramp off the back of a car trailer travelling in front of me. I stopped the driver who didn't realise anything had happened and I made a claim against his insurance company directly. I informed my insurance company that I was notifying them of a no claim accident and that I was dealing directly with the 3rd party's insurer. When it came to renewal there was no loss of NCD or price increase. Biggest issue will be getting details of the other driver, if you have legal insurance they may be able to deal with that.

 

[Emmit]

Could I respectfully suggest that your losses could be part of any claim you make.

 

[Spriddler]

I read a post on here quite recently by a SoliciFunstor that when/if you advise your ins. co. you must state in writing: ***For information only. This is not a claim'*** or some such wording.

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[TheBig1]

Could I respectfully suggest that your losses could be part of any claim you make.

I was going to say the same, claim ANY loss from the other party, including your time to sort this out and a sum to cover any increased premium on ALL your insured vehicles.

 

[lorger]

I'd certainly be claiming off their insurance and I'd let the police know.

My main worry though is what happened to the child

 

[pappajohn]

Without seeing previous footage I would say the seat was already in the gutter and the merc may have clipped it, bounced off the curb into the path of the white van which flipped it onto your side of the road..
As previously said no doors or windows open far enough for it to be thrown/fallen out

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[TheBig1]

Without seeing previous footage I would say the seat was already in the gutter and the merc may have clipped it, bounced off the curb into the path of the white van which flipped it onto your side of the road..
As previously said no doors or windows open far enough for it to be thrown/fallen out

you can clearly see it on the roof of the merc in the picture posted later

 

[Revolvor]

Without seeing previous footage I would say the seat was already in the gutter and the merc may have clipped it, bounced off the curb into the path of the white van which flipped it onto your side of the road..
As previously said no doors or windows open far enough for it to be thrown/fallen out

Previous footage shows it on the roof of the Merc for quite a while, until it slides off the back.

 

[Jaws]

Could I respectfully suggest that your losses could be part of any claim you make.

I was going to say the same, claim ANY loss from the other party, including your time to sort this out and a sum to cover any increased premium on ALL your insured vehicles.

I am afraid not.. This has already been tested and it was ruled that unless you can give a precise cost of any rise in future insurance premiums a court cannot rule in your favour as it amounts to guesswork what to award.
However, there is a case currently in hiatus as the judge ruled the claimant has leave to return to court at a future time if or when they can show an itemised loading of an insurance premium backed up by documentation from the insurers

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[Revolvor]

As always, thanks to all for the wealth of suggestions and knowledge from Forum members. I will post again with an update, when I know how it's going.
John

 

[bigtree]

The ML Merc isn't taxed,

https://vehicleenquiry.service.gov.uk/ViewVehicle

Sorry link doesn't copy but tax due on the 19th of June 2019.

 

[Hymer 1961]

The ML Merc isn't taxed,

https://vehicleenquiry.service.gov.uk/ViewVehicle

Sorry link doesn't copy but tax due on the 19th of June 2019.

Like it, a little early morning investigation. Nice work bigtree.
Dash Cams are starting to make a lot of sense. Without such irrefutable evidence it would be nigh on impossible to prove the Merc drivers negligence.

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