
Frequently Asked Question:
Where do I legally stand if a forklift truck hits my car on a road?
Basically my nephew was hit by an industrial forklift truck (one of the big CAT ones) as he was coming off a building site. He was on a road (where residents live) and the truck hit the side of him as the truck was trying to get onto the road.
Here are the factors…
1. He was doing 5 miles per hour round a corner (already on the road).
2. The forklift was coming from the compound onto the road.
3. The forklift driver is claiming 50-50… but how can this be when he was not even on the road and has collided with my nephews vehicle on the passenger side??
The car is a write-off (sliced like a tin of beans) and the insurance company are saying he should pay £500 excess… that can’t be right can it when it’s not his fault??
I should tell you that we couldn’t see any license plate on the forklift either.
Basically my nephew was hit by an industrial forklift truck (one of the big CAT ones) as he was coming off a building site. He was on a road (where residents live) and the truck hit the side of him as the truck was trying to get onto the road.
Here are the factors…
1. He was doing 5 miles per hour round a corner (already on the road).
2. The forklift was coming from the compound onto the road.
3. The forklift driver is claiming 50-50… but how can this be when he was not even on the road and has collided with my nephews vehicle on the passenger side??
The car is a write-off (sliced like a tin of beans) and the insurance company are saying he should pay £500 excess… that can’t be right can it when it’s not his fault??
I should tell you that we couldn’t see any license plate on the forklift either.
[Edit] My nephew is NOT a teenager – you should read the fact that the forklift was “coming” onto the road. Even the question points out the collision was ON the road.
Oh and furthermore… the accident was about 20 metres AFTER the corner. So we thought the forklift driver should have looked also. We do have photographic evidence of the accident site.
Oh, and I should point out this is in ENGLAND.
Answer by 100% Organic Snark™
In the US, forklifts don’t need license plates. If the forklift wasn’t on the road and your nephew was HIT by him, then your nephew wasn’t on the road either (and I’m guessing he was cutting the corner as opposed to staying on the pavement).
I’m also guessing your nephew is either a teenager or very young (under 25). I’d take the 50-50.
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building site like where construction is going on its.. driver beware sure the company that owns the lift will buy for it they should but not always the case he shouldnt have to pay anything if their company driver flaut or was it your nephew if both claimomh half or 50/50 then thats the reason is something he said