[Smudger]

I thought I'd throw this out for debate...

Yesterday one of my guys had an accident - on returning to the van another car had pulled up behind him with a gap big enough to open the door as he was trying to put the pole in the van it was struck by a passing car - he and the pole are undamaged but there is a scratch and dent in the passing car.

The motorist has demanded car insurance details and they have been given - no issue there

but thinking about it - is it a car insurance issue ? and who's fault do you feel it would be ?

Its an interesting scenario - pedestrian hit by car or pedestrian hits moving car with pole...

Darran

[Ian Sheppard]

As your Van was stationary and with the engine off surely it is for the vehicle passing to give sufficient space to the parked vehicles and any pedestrians nearby. The recent change in the highway code regarding road vehicles giving priority to Cyclists and pedestrians may come to play here.

It will be nteresting to see how your insurers handle this

Cheers

[Bungle]

Was his pole sticking out into the road though. Car might have had to take evasive action?

[Smudger]

Yes from what I have been told the pole end went out further than the parked van towards the centre of the road

which is why its an interesting situation

years ago I would can clearly laid blame at the pedestrian for not taking care and appearing between 2 parked vehicles - these days the driver of the car seems to get the blame

But my guy was not in the vehicle - it was stationary - so it it a car insurance issue ?

the nearest thing I can think of is this - delivery driver is parked up and is walking down the offside of the vehicle and you clip him while going past ... as the moving vehicle I think you would be held liable even tho the delivery driver should have waited until the road was clear...

Darran

[AuRavelling79]

Maybe it's a public liability issue? If it was on the pavement side of the van and the back of my pole (say) knocked off a passer-bys glasses then I might be liable?

[Shrek]

Your guy is to blame , regardless of how close he was passing by . Even at 10mph driving straight past a van , all of a sudden someone pokes a stick towards the middle of the road , how on earth are you supposed to avoid it?
When putting poles away , I never ever stick it out into the road , I lift it up and lower the back end of pole straight into van. IMO

[CleanClear]

In a scenario where the guy with the pole had been a mere van passenger and had no drivers licence would you of felt impelled to pass over the vehicle insurance details ?

[mike1986]

Got to be a public liability claim hasn’t it? He wasn’t even sitting in the van so can’t  see how it would be a van insurance claim. Either way definitely the workers fault as someone else stated, the driver of the car had no chance of avoiding that.

[Splash & dash]

Has any damage been done to anything? If not then I don’t see that anymore can be done about the situation. Both parties are at fault .

[Stoots]

very interesting, did the car hit the pole or the pole hit the car?

not sure who would be liable, i would have thought pole hits car as a pole shouldnt be in the road, but the driver drove into the pole. Or did he ?

more i think about it more i realise i have no idea.

Let us know what happens.

[windowswashed]

The van wasn't involved so it's not a motoring accident. It's a public liabilty claim against the window cleaner.

[Smudger]

I would have said PL insurance but the guy insisted he wanted van insurance

I will let them work it out - no damage to the pole  member of staff 

or the pole

I would say shoving a pole out past the van into the centre of the road would make him at fault - but as said things are different now as regards the driver - like when I was young you crossed the road at a safe place - looked both ways and Darth Vader was frequently on TV showing you how to do it correctly - now it appears if a Childs bolts out between cars its your fault for hitting him/her

I'll certainly pass on any results as and when..


Darran

[CleanClear]

I would have said PL insurance but the guy insisted he wanted van insurance

I will let them work it out - no damage to the pole  member of staff 

or the pole

I would say shoving a pole out past the van into the centre of the road would make him at fault - but as said things are different now as regards the driver - like when I was young you crossed the road at a safe place - looked both ways and Darth Vader was frequently on TV showing you how to do it correctly - now it appears if a Childs bolts out between cars its your fault for hitting him/her

I'll certainly pass on any results as and when..


Darran

I thought generally you have 24 hours to report an accident to your insurance company? Gonna be the funniest ever vehicle accident report form if he ever gets to fill one in   As it is highly unlikely your vehicle insurance would entertain such a claim against it, i'd think it  prudent to report it to your public liability insurance ASAP.

[deeege]

I wouldn’t say it’s particularly ‘bizarre’, just a bit clumsy on behalf of your window cleaner. Also a PL issue, not a vehicle insurance issue.

[Splash & dash]

Just to throw another point into the pot , I know Darran does  have PL insurance , but it’s not a legal requirement to have it if you are a sole trader so what would happen if he was uninsured ? Would the car driver have to take the window cleaner to court for damages ? I know several cleaners near me that aren’t insured .

[lee_dewing]

Hello Smudger

Sorry to hear of accident at least everyone is ok 👍

Have to agree with your last post

would say shoving a pole out past the van into the centre of the road would make him at fault


If there’s no damages then I can’t see what fuss is about with other party.

Understand getting annoyed 😠 temporarily

Someone trying to lance you  😳

Sounds like an accident with no damages

[Shrek]

Hello Smudger

Sorry to hear of accident at least everyone is ok 👍

Have to agree with your last post

would say shoving a pole out past the van into the centre of the road would make him at fault


If there’s no damages then I can’t see what fuss is about with other party.

Understand getting annoyed 😠 temporarily

Someone trying to lance you  😳

Sounds like an accident with no damages

He said there’s a scratch and dent on the car

[robbo333]

If your employee and the pole are undamaged, what actually caused the dent and scrape in the car? Was it the door?
It used to be (not sure now) that if you open a door to oncoming traffic, it's your fault. It was an actual specific offence.
However, if the door is already open and the driver has to negotiate it, then I would go with driving without due care and attention.
Thankfully no one was hurt, or any major damage done.
I'm sure the insurance company will laugh at this one.

[Susan Dean (1stclean)]

which insurance did you give the van or your business insurance  i bet your van insurance will knock it back saying that they wont cover it because its not bolted down in the van , 

even if they do this and dont pay out watch out for them taking aload of no claims off you and loading the price next year

[Smudger]

other party didn't want PL - only the Van insurance - it was later I got to thinking surely his only option is PL ?

no one hurt and on the face of it I would say the employee is at fault

I fully expected the pole to have some damage - but no those OVA-8 poles can take a beating 

of course - I am assuming that the pole did the damage ......

Darran