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Article · 11 min read
A lorry hit my car: how to claim against an HGV driver in the UK
Hit by a lorry, articulated truck or large goods vehicle? This guide explains operator liability, tachograph evidence, HGV blind spots, and how to secure your recovery, repairs and replacement vehicle at no upfront cost.
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A lorry hit my car: how to claim against an HGV driver in the UK
Collisions involving large goods vehicles and heavy goods vehicles are among the most damaging and most evidenced accidents on UK roads. HGVs and LGVs are required to carry tachograph equipment that records speed, distance and driving time to the minute. The operator holds extensive records. The vehicle may be fitted with forward-facing and side-facing cameras. And the operator's insurer has a professional claims-handling team that moves quickly to protect the operator's position.
That combination of factors means a claim against an HGV operator is, on the one hand, easier to evidence than many other accident types, and on the other hand, runs against an insurer that is experienced and well-resourced. Getting organised quickly - preserving your own evidence and opening an accident management file within hours of the collision - is what puts you in the strongest possible position.
Who is liable when an HGV hits your car?
Liability in an HGV collision follows the same principles as any other road accident: the driver who failed their duty of care is liable, and their insurer meets the claim. However, HGV collisions bring in a second layer of liability that does not always arise in car-on-car accidents: operator liability.
The operator of a commercial vehicle - the haulage company, logistics firm, owner-operator or fleet manager - owes its own duty of care to ensure the vehicle is roadworthy, properly loaded, and driven by a competent driver within lawful hours. If the collision was caused or contributed to by a defective vehicle, an overloaded or insecure load, a driver who exceeded working-time limits (as recorded on the tachograph), or a failure to maintain the vehicle properly, the operator carries direct liability alongside the driver.
This matters because operators frequently carry higher limits of indemnity than private motorists and their insurers are accustomed to large claims. It also means the claim can proceed against the operator even if the driver is not personally named, which is useful where the driver is unavailable or the operator is attempting to shift blame onto a contractor.
Vicarious liability is the doctrine that makes operators responsible for their employees' negligence. Where the HGV driver was employed at the time of the collision - on duty, driving as part of their employment - the employer is vicariously liable for the driver's negligence. A logistics company cannot escape liability for a collision caused by an employed driver simply because the driver was careless. This is well-established UK law.
DETAIL
03
Section 3 of the walkthrough.
HGV blind spots and duty of care
One of the most common causes of HGV collisions is failure to check blind spots before changing lane, turning left or moving off. Large goods vehicles have extensive blind spots on the nearside (left), directly behind the cab, and to the right rear quarter. The Highway Code requires HGV drivers to use mirrors effectively and to be aware that cyclists, motorcyclists and cars can disappear from view at short range.
The Direct Vision Standard, introduced in London by Transport for London, requires HGVs operating on the capital's roads to carry a Safe System permit based on the driver's direct field of vision. Failure to comply is an offence, and evidence of non-compliance is relevant to a liability case where a nearside or rear blind-spot collision is alleged.
Outside London, there is no mandatory DVS scheme but the Highway Code duty remains. An HGV driver who turns left without checking the nearside mirror and strikes a car alongside them has breached their duty. The operator who failed to provide adequate mirror training or maintained a vehicle with defective mirrors adds a layer of direct liability.
Tachograph evidence and how to access it
Every HGV over 3.5 tonnes operating on UK roads is required under EU Regulation 165/2014 (retained in UK law post-exit) to be fitted with a digital tachograph that records the vehicle's speed, distance and the driver's activity (driving, rest, other work) in real time. The tachograph card also records the driver's working hours.
Tachograph data can show whether the driver exceeded the daily 9-hour driving limit (or the bi-weekly 10-hour extension), whether required rest breaks were taken, the speed of the vehicle in the minutes leading up to the collision, and the exact time of events. Where a driver was fatigued because of excess hours, or speeding, the tachograph provides direct evidence of that breach.
Operators are required to keep tachograph data for 12 months under the Drivers' Hours Regulations. In litigation, tachograph data can be obtained through a disclosure request or, in proceedings, through a court order. Making a preservation request early - ideally within days of the collision through an accident management company or solicitor - prevents the relevant records being overwritten.
DVSA (the Driver and Vehicle Standards Agency) enforces tachograph compliance and can inspect records on request. If the operator is a limited company, Companies House will show the registered address for the company, its directors and any related entities - useful if the operator is attempting to restructure to avoid liability.
What to do immediately after an HGV collision
Stop and move to safety. HGV collisions frequently happen at motorway speeds or on dual carriageways. Getting yourself and any passengers behind a barrier, away from live traffic, is the priority. If you are on a smart motorway or motorway hard shoulder, leave the vehicle by the nearside door and get well back from the carriageway.
Call 999. An HGV collision that has caused damage or injury on a fast road warrants a 999 call. The police record of the incident - including any statements taken from the lorry driver and the operator details recorded by officers - will be material to the liability case. If the road is blocked or there is a fuel spill, 999 applies in any case.
Record the operator's details. The operator's name, company registration and the operator's licence number (displayed on the vehicle) are critical. Photograph the cab front, the registration plate on the rear of the trailer (which is separate from the tractor unit), the operator's name on the cab door or trailer side, and any trailer plate that shows the trailer registration. If the vehicle has a fleet number painted on the cab, record that too.
Photograph the scene. Resting positions of both vehicles, approach skid marks, lane positions, any damage to the trailer or fifth wheel, and any load that has shifted or fallen. Photograph your own vehicle before it is moved.
Open an accident management file. Do this within the first hour if possible. An experienced accident management company will send a preservation letter to the operator and their insurer within 24 hours, placing them on notice and triggering their duty to preserve tachograph data, dashcam footage, vehicle inspection records and driver records.
06DETAILKey takeaway
Claiming against the HGV operator's insurer
HGV operators are required to hold third-party motor insurance under the Road Traffic Act 1988 and typically carry higher indemnity limits than private motorists - often £1 million to £5 million for the largest operators. The insurer's claims team will investigate quickly, and it is common for liability to be accepted without a fight where the evidence is strong.
Where liability is accepted, you are entitled to recover: recovery and storage of your vehicle; an independent engineer's inspection; repair at an approved repairer or total-loss settlement; and a reasonable credit-hire replacement vehicle. None of these are at your upfront cost.
Where liability is disputed, the accident management company will engage specialist HGV solicitors. HGV liability cases with clear tachograph and CCTV evidence settle at a high rate before they reach trial. The operator's insurer knows that a contested hearing on clear evidence is likely to produce costs orders against them, which is a strong incentive to resolve.
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 the lorry was driven by an agency driver, not an employee?
- The position depends on the control exercised over the driver. Where the operator controlled the driver's work - the routes, the schedule, the vehicle - courts may still find vicarious liability. An accident management company or specialist solicitor can assess the relationship and identify the correct defendant.
- Can I claim if the lorry was a foreign-registered vehicle?
- Yes. Foreign-registered HGVs operating in the UK must hold insurance that provides at least the UK minimum third-party cover. The Motor Insurers' Bureau handles claims where the vehicle's insurer is unknown or the vehicle is uninsured, under the Uninsured Drivers' Agreement or the Green Card system for EEA vehicles.
- The lorry driver says I pulled out in front of them - what now?
- A liability dispute goes to the evidence. Tachograph data showing the lorry's speed, any dashcam from the lorry or your own vehicle, junction CCTV, and the damage pattern on both vehicles are the tools. An accident management company will coordinate evidence preservation while the dispute is being handled.
- My car is a write-off. Can I claim the full market value?
- Yes. Where the vehicle is a total loss, the at-fault insurer owes you the pre-accident market value of your vehicle. If you dispute their valuation, an independent engineer's report and market comparables (from Auto Trader, CAP Black Book) are the benchmarks. You should not be pressured into accepting an undervalued settlement.
- How long does an HGV claim take?
- Where liability is accepted promptly, property claims often settle within four to eight weeks. Disputed liability cases with litigation take longer, sometimes six to eighteen months. The important point is that your vehicle, recovery and replacement car are all handled while the claim progresses - you are not left waiting.
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