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Article · 9 min read
Debris from a lorry hit my car: who pays and how to claim (UK)
If a load or debris fell from a lorry or van and damaged your car, the operator may be liable under the Road Traffic Act. This guide explains how to identify the vehicle, gather evidence and claim repairs at no upfront cost.
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Debris from a lorry hit my car: who pays and how to claim (UK)
Debris falling from a vehicle in motion is a recognised hazard on UK roads. Unsecured loads, loose road-surfacing material carried in tipper trucks, straps that work free, and poorly stacked pallets in open-top trailers all cause real damage when they contact a car at speed. If you were hit by debris from a lorry, van or other commercial vehicle, the operator may be liable under both criminal and civil law.
The practical challenge is that the vehicle usually drives on, and you may have little more than a partial plate number or a company name on the side of the lorry. This guide explains what evidence you need, how to trace the operator, and how to claim repairs and any other losses.
The law: operator duties for secure loads
Section 40A of the Road Traffic Act 1988 makes it an offence to use, cause or permit the use of a motor vehicle or trailer in a condition, or loaded in a manner, that causes or is likely to cause danger to any person in a public place. Regulation 100 of the Road Vehicles (Construction and Use) Regulations 1986 further requires that every load carried on a vehicle must be secured and, if necessary, covered to prevent it falling or being blown from the vehicle. A load that falls and damages another vehicle is prima facie evidence of a breach of Regulation 100.
On the civil side, an operator who fails to secure their load has breached their duty of care to other road users. Where the falling debris directly causes damage to your vehicle, the operator is liable for that damage. The driver may also carry personal liability, but the operator's vicarious liability covers driving activities, and most claims are pursued against the operator's insurer.
It is worth noting that stone chips from a tipper truck's load are treated differently by insurers and courts. Where stones escape through the tailgate mesh of a covered tipper, the operator still has a duty to ensure the mesh is in good repair and the load is not overfilled. Persistent stone-chip damage from a poorly maintained tipper is actionable; a single stone chip from a properly operated vehicle is harder to pursue.
DETAIL
03
Section 3 of the walkthrough.
Tracing the operator when the vehicle drove on
The ideal outcome is that you noted the full registration plate and company name on the vehicle. With the registration, the Driver and Vehicle Licensing Agency (DVLA) vehicle enquiry at gov.uk gives the registered keeper. With the operator's name visible on the lorry, the DVSA's operator licence search identifies the licence holder and their address.
If you only have a partial plate, ask other drivers or pedestrians who were nearby whether they recorded more. Check whether any nearby property (petrol stations, businesses, car parks) has CCTV that might have captured the vehicle. Traffic camera footage from the local authority or National Highways may also have recorded the vehicle.
Once the operator is identified, a formal letter of claim should be sent promptly. Operators are required to retain vehicle maintenance records and tachograph data. If the claim is disputed, the operator's records of their vehicle's last load inspection and the driver's tachograph showing the route at the time of the incident are relevant disclosures.
If the vehicle cannot be traced, the Motor Insurers' Bureau Untraced Drivers' Agreement 2017 provides a route to compensation. Property damage claims under the Agreement require a police report. Report the incident to the police (101 or online) as soon as possible after the collision, and keep the incident reference number.
Collecting evidence at the scene
Stop safely and assess the damage. If debris is on the road, photograph it in situ before it is cleared by passing traffic. Photograph the debris itself if you can retrieve it safely - the nature of the material (aggregate, timber, pallet wood, strapping) identifies the vehicle type and load.
Photograph all damage to your vehicle. If the windscreen was struck, do not use the washer system before photographing the impact point. If the bonnet, roof or doors were hit, photograph any dents, paint scuffs or embedded debris.
Note the direction of travel of the lorry and as much detail as you can. Even a partial plate, a company name, the colour and configuration of the vehicle (flatbed, curtain-side, tipper, rigid or articulated), and an approximate time and location can be enough to trace the operator.
Identify any witnesses. Other drivers who followed the same lorry and observed the load shifting, or who saw the debris fall, can provide supporting statements. Dashcam footage from following vehicles is particularly valuable because it may have captured the lorry's registration and the moment of release.
Claiming repairs and windscreen replacement
Where the operator is identified and their insurer accepts liability, you are entitled to claim the full cost of repairs to your vehicle. For windscreen damage, this includes a like-for-like replacement by an approved glazier. If the repair cost exceeds the pre-accident market value, the vehicle is a total loss and you are entitled to the market value.
You should also claim any hire vehicle costs if your car was undriveable during repair. If personal property inside the vehicle was damaged (a laptop, a child's seat struck by debris), those costs are recoverable as special damages.
An accident management company can coordinate the claim, identify the operator if you have partial information, and negotiate with the operator's insurer on your behalf. Where the operator's insurer disputes liability, the documented evidence - photographs of the debris, a police report, witness accounts - forms the basis of the claim in county court proceedings.
Take action
If you have just been in a non-fault collision, the fastest way to protect your claim is to open the file with us inside the first hour. We dispatch recovery, lodge the relevant CCTV requests inside the retention window, and notify the third-party insurer for you.
We do not provide legal advice. This article is general guidance for UK drivers. Personal injury enquiries are referred only with your consent to authorised legal or regulated partners. Specific limits, retention windows and process steps may change; the position at the date of any individual collision will govern the handling of that claim.
Frequently asked questions
- What if I did not get the plate at all?
- Report to the police immediately. Describe the vehicle, route, time and location in as much detail as possible. Police patrol units and ANPR data may identify the vehicle. If it cannot be traced, a claim through the MIB Untraced Drivers' Agreement requires a police report, so file one regardless.
- Can I claim for a stone chip under this route?
- Stone chips from covered tippers are difficult to pursue unless the vehicle was clearly in breach - overloaded, mesh missing, tailgate open. Your comprehensive car insurance may cover windscreen chips without loss of no-claims bonus, and that is often the more practical route for a single chip.
- The operator says the load was properly secured when they left the depot - does that end the claim?
- No. A load must remain secured throughout the journey. If debris fell during transit, the load was not properly secured or the securing equipment failed in service. An inspection of the vehicle's restraints and any remaining load at the time of arrival is relevant evidence.
- My windscreen was smashed by a rock from a tipper - do I need a police report?
- A police report is required if you want to use the MIB route (untraced vehicle). It is also good evidence if you pursue the identified operator. In either case, report to police and keep the reference. For identified operators, the claim proceeds through their insurer without a police report being strictly required.
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