Impact of in cab camera on potential “At fault” claim

Support with liability claims

In this particular case not only were we able to discuss the impact of having cameras fitted but also show tangible benefits by showing actual footage.

Our client agreed to purchase cameras and we organised this with our usual suppliers Roadhawk. As our client is involved in a major redevelopment project they have a number of Heavy Goods vehicles on hire.

We received a telephone call to advise that one had been involving in a collision with a transit van where the driver of the van had life threatening injuries and had to be airlifted to hospital.

The police initially confiscated the camera footage as evidence but this was fairly quickly released to our client who in turn passed it to ourselves.

The footage revealed that our client’s vehicle was proceeding along a narrow country lane when the transit van came around a bend in the opposite direction. The transit driver lost control and the collision occurred.

Following viewing of the footage we were able to discuss liability with the Insurers of the transit van and on further enquiry liability was admitted.

However our experience historically in cases such as this is that the Third Party will invariably say the HGV was at fault “straggling white lines”, “not making allowances for road width” etc. The claim is usually settled on a 50/50 basis unless there are witnesses to the contrary.

Had this been the case with this incident as our client is Insured for “Third Party Risks only” they would have had substantial contribution to the repair of their own vehicle plus the Third Party repair and hire costs. They would also have had a contribution to any injury claim made by the driver which could well have been £100,000 plus. Their Insurance premium would also have increased significantly.

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