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Came close to losing a luton


FredTransit

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Best of luck with it Fred, they should be tripping over themselves to get this sorted out for you. Sixty quid a day is a bit tight for a rental van, our place is pretty cheap and a Luton is eighty a day plus vat.

 

I used the RAC for years and generally found the chaps on the ground to be great in spite of the office practices. Once I phoned them to get my van picked up on a flatbed because it was jammed in reverse and to give me thirty minutes notice as I was ten miles away. Obviously the next call was a chap in a van waiting in town for me. Luckily it was a quiet day for him so he was fine to go for a brew while I drove into town and we took the driveshafts off to tow me back home, I've heard tales of other folk towed miles with their foot on the clutch in similar circumstances.

 

Currently I've got ADAC free with the insurance which has been fine, they sent the AA the one time I've used it.

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  • 2 weeks later...

Its the only way I have had a reply from them. Had a call from them today whilst I was on the phone to the insurance, who informed me the contractor was claiming against us for damage to the truck. Nice timing. Sorry but if this is the only way I can get the RAC's attention, so be it. Nothing I have said is a lie, not even an exaggeration.  

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I appreciate the British legal system isn't always what people hope for at times, but in this instance I think if you employed a dangerously bewildered 3 week old baboon who'd swallowed a lorry load of sleeping pills to represent you, it still couldn't lose this case.

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Its the only way I have had a reply from them. Had a call from them today whilst I was on the phone to the insurance, who informed me the contractor was claiming against us for damage to the truck. Nice timing. Sorry but if this is the only way I can get the RAC's attention, so be it. Nothing I have said is a lie, not even an exaggeration.

That said, I would still exercise caution. You don't know how good their legal team is. Quietly collect the evidence you have and present it when required. It does indeed seem like you have a strong position, but it only takes one muck raker and it's mither all round.

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Surely the whole thing happened when C & S were loading the Transit onto their own vehicle and something on the C & S vehicle broke. It must be their claim on their own insurance and not yours. They may be trying to get your Ins.Co to pay for the damage to the Transit due to some sort of "contractual" arrangement that you entered into by "agreeing to allow C & S to transport the Transit ". You do remember discussing that with their driver and signing the relevant paperwork don't you !

The other part is why are you involved in that at all, you are insured and an R.A.C. member, all you did was call the R.A.C. to a breakdown.

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bugger this is really turning into an ugly thing, why cant people take responsibility for an unfortunate accident because the recovery vehicle wasn't fit for purpose, its black and white.................. idiotic behavior from the pencil pushers.

 

what reason are they giving to claim off your insurance? the way im looking at it their operator was in control upon loading of the luton, the damage caused to their recovery vehicle was down to the lutons weight bringing to light a shoddy part/parts on the recovery vehicle, if they try and say the lutons weight caused the accident and no part of their recovery vehicle was at fault it swings back around to their operator as he was in control so how can they actually try and claim from you??

 

correct me if im wrong, i was always under the impression that once your vehicle is on a recovery truck it is covered on the recovery companies insurance.

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To be fair, the ins co said they had recieved a claim and were looking into it.

The van was not at gross wieght. Even if it was, it would be half a ton under the recoverys payload. I can produce an independant witness who looked into the back of the van and agreed it was not overloaded.

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Fred it just sounds to me like the cowboys are just doing a 'covering their arse' move. Gather as much evidence as you can, and speak with someone at the police and fire service too over the incident to get their side, and I suspect both will be on your side. No insurance company would dare argue with plod and Fireman Sam.

 

Also contact the ministry and try and get em to 'raid' the recovery firm. I suspect the way that recovery bed was twisting, there are some serious maintenance issues, that truck should have been given a PG9 prohibition notice really

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The R.A.C sent that C&S mob out to me when i broke down in cornwall... with me and mrs maxpower and 2 kids in his lorry cab he recovered us home..not before dropping off to sleep a few times and clipping kerbs and verges :o  rang r.a.c next day to complain and got the kind of feeling they didnt give a shit... needless to say they were told were they could shove their breakdown service.

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I got some cockney geezer who was working for an RAC contractor to fetch a BX home from London late one night. He was ace to be fair and was really happy as he said distance worked paid him more because of the mileage policy or something.

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I don't see how the breakdown company can blame anybody else, or how the alleged condition can have any relevance.

 

I agree with Dugong. This looks as if it's going to get quite messy and you should be very careful about what you say and where you say it, until the case is resolved at least. I would look at getting proper legal advice, preferably from somebody who has dealt with similar cases. Some owners clubs and other associations offer legal services, it might be worth seeing if any that you're in can help.

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I don't see how the breakdown company can blame anybody else, or how the alleged condition can have any relevance.

 

I agree with Dugong. This looks as if it's going to get quite messy and you should be very careful about what you say and where you say it, until the case is resolved at least. I would look at getting proper legal advice, preferably from somebody who has dealt with similar cases. Some owners clubs and other associations offer legal services, it might be worth seeing if any that you're in can help.

Would be quite interesting if Fred had legal cover on the RAC policy..............................the RAC engaging a lawyer to sue itself.....................

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