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Old 21-07-09, 11:08 AM   #1
mikelcfc
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Default should i just accept it??

just a quick one, basically i was involved in a van crash at the start of june, i braked, and the van locked left( couldnt do a thing about it) , hit the bottom of a ditch, flipped several times, burst into flames as i climbed out etc... had my investigation thing with the company and im claiming there was a defect on the van with brakes,( only one wheel locked up and it snatched left) , however police wont give the company witness statements whichi say i was doing nothing wrong( speeding,travelling to close etc) , and the investigator is concluding i was driving without due care, when the police have said to me they have investigated it themselves and no action will be taken as i was doing nothing wrong. they cannnot however, prove that there wasnt a fault with the brakes as it is completely burnt out, however i cannot prove that there was,. im expecting them to give me a written warning this week, and AFAIK i have to sign something agreeing to it, but if i do this i agree to their version of events which is untrue and would make it my fault.. just wondering if i should just sign it andd get back to work, or not as i genuinely beleive it wasnt my fault. also, my injuries includ 3 cruched vertabra in my back and a fractured nose, i asume if i accept the warning with them concludin i was at fault, then i lose the ability to claim for the injuries?? dont fancy that considering my back is pretty pooped for life.
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Old 21-07-09, 11:11 AM   #2
Von Teese
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Default Re: should i just accept it??

Have you contacted the Collision Investigation Unit yourself and requested these documents, my understanding is that they will give them to you but you have to pay about £70 admin though.
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Old 21-07-09, 11:12 AM   #3
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Default Re: should i just accept it??

Do you belong to a union?

If not try the CAB, they should be able to help.

If I was in your sittuation I would try to fight it, you should be able to claim for injury against yout employer regardless of fault I believe, as you were still injured at work.
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Old 21-07-09, 11:32 AM   #4
tigersaw
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Default Re: should i just accept it??

Befrore you took the van out did you make checks on it, were you obliged to do any checks, did you sign a daily log sheet etc?
Was it a pool van or 'yours' ?
Plenty to consider here, but certainly sign nothing until you have some advise
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Old 21-07-09, 11:34 AM   #5
custard
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Default Re: should i just accept it??

does freedom of information apply here? as in getting the details of your crash from the police?
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Old 21-07-09, 11:36 AM   #6
mikelcfc
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Default Re: should i just accept it??

well my company dent them the £79 to get them but basically they say we dont need to give them so we wont
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Old 21-07-09, 11:38 AM   #7
mikelcfc
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Default Re: should i just accept it??

yes checks are done daily and we have to sign sheets etc, however they are only to do with tyres and the oven thats in the back driver supervisor only has to check oil, water and stuff under the bonet, if it was a severeed brake pipe or something it would have been checked
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Old 21-07-09, 11:47 AM   #8
Von Teese
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Default Re: should i just accept it??

Well either way, I would get legal advice on this one, call Citizens advice.
If you ask the Collision Investigation Team they should supply YOU with the docs of the investigation, I dont see how your company can proceed without any evidence!
I wouldnt sign it without consulting a solicitor you could implicate yourself.
From what you say it cannot be proven either way so there is no case as far as I see.
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Old 21-07-09, 11:48 AM   #9
Owenski
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Default Re: should i just accept it??

if it wasnt your fault dont admit to it!
Fight fight fight!
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Old 21-07-09, 12:02 PM   #10
Biker Biggles
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Default Re: should i just accept it??

I think there are two essentially separate questions.
One is whether they can stick you on a written warning for some sort of misconduct,and I think they probably can by simply invoking the employers right to impose sanctions on the "balance of probability"which is entirely at their discretion on the day.You tend to lose this one.
BUT---I think you may have a perfectly good legal action against the employer for compensation for your injuries and you need proper legal advice on this.Go to your union or the CAB asap on this.
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