Greetings Legal Minds, & thanks in advance.
Can i begin with the short version. Can i load accident photo’s here ?..Mmm
My 20 year old daughter pulled into a carpark 7 months ago in Sth Brisbane & her vehicle hit the rear hydraulic loading ramp of a delivery truck while he was unloading his goods. No damage was done to his truck but the fender & door of my daughters car was damaged as the rear loading ramp was lowered & made contact.
She is only insured for 3rd party property of her 2013 Subaru Impreza. The young girl at the RACQ counter said it was her fault ! The guy in the truck doesn’t want to acknowledge fault. The guy at Worksafe said he ‘may’ conduct an audit of his transport business operations. (Subcontract driver)
Here is my issue. As an Industrial Electrician who works in the mines & gas LNG projects etc, we are constantly monitoring our work areas for safety & daily fill out structured safety hazard analysis documents. I couldn’t over stress how frequently we do this & any breaches in regards to protocols put in place are treated in orders of magnitude. Especially mobile plant, barricades, hazard tape, signage, traffic cones..the list goes on.
(Wish i could load photo’s here) Instead of using the marked loading bay 25 meters away, he parks right out in front of the shops, (designated car parking) exceeding the marked parking bay lines by meters, then lowers his ramp which is now encroaching the only traffic route ! He had absolutely NO orange traffic cones around his truck, NONE around the rear loading ramp where traffic HAS to traverse, wearing NO hi-viz gear, leaves his broom, wheeled loading dolly on the ground where other cars could park also. To make matters worse, the loading ramp is the same colour as the concrete pavement, grey.
I can plainly see how she hit the ramp, this guy had no idea of his duty of care responsibilities under the Work Safe act 2011. To me at least, there is breach after breach yet his insurer claims no responsibility also.
So as a doting dad, & wanting to show my child fair justice, what are our options ?.. Small claims court ? Can i appear on her behalf cause she works full time ? What & where can i get papers to submit to him or his insurer to appear at small claims ? We have not received quotes to repair as yet but i can easily see a new fender & door or repairs to be at least $1500.
To me it’s on principle & his utter lack of duty of care & the insurers hoping we just disappear.
Thanks guys, your thoughts whether agree with me or not are most welcome.
Adam
Can i begin with the short version. Can i load accident photo’s here ?..Mmm
My 20 year old daughter pulled into a carpark 7 months ago in Sth Brisbane & her vehicle hit the rear hydraulic loading ramp of a delivery truck while he was unloading his goods. No damage was done to his truck but the fender & door of my daughters car was damaged as the rear loading ramp was lowered & made contact.
She is only insured for 3rd party property of her 2013 Subaru Impreza. The young girl at the RACQ counter said it was her fault ! The guy in the truck doesn’t want to acknowledge fault. The guy at Worksafe said he ‘may’ conduct an audit of his transport business operations. (Subcontract driver)
Here is my issue. As an Industrial Electrician who works in the mines & gas LNG projects etc, we are constantly monitoring our work areas for safety & daily fill out structured safety hazard analysis documents. I couldn’t over stress how frequently we do this & any breaches in regards to protocols put in place are treated in orders of magnitude. Especially mobile plant, barricades, hazard tape, signage, traffic cones..the list goes on.
(Wish i could load photo’s here) Instead of using the marked loading bay 25 meters away, he parks right out in front of the shops, (designated car parking) exceeding the marked parking bay lines by meters, then lowers his ramp which is now encroaching the only traffic route ! He had absolutely NO orange traffic cones around his truck, NONE around the rear loading ramp where traffic HAS to traverse, wearing NO hi-viz gear, leaves his broom, wheeled loading dolly on the ground where other cars could park also. To make matters worse, the loading ramp is the same colour as the concrete pavement, grey.
I can plainly see how she hit the ramp, this guy had no idea of his duty of care responsibilities under the Work Safe act 2011. To me at least, there is breach after breach yet his insurer claims no responsibility also.
So as a doting dad, & wanting to show my child fair justice, what are our options ?.. Small claims court ? Can i appear on her behalf cause she works full time ? What & where can i get papers to submit to him or his insurer to appear at small claims ? We have not received quotes to repair as yet but i can easily see a new fender & door or repairs to be at least $1500.
To me it’s on principle & his utter lack of duty of care & the insurers hoping we just disappear.
Thanks guys, your thoughts whether agree with me or not are most welcome.
Adam
