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aotearoasteve2

Hi there,
While I was away I holiday and left my car parked on the road it has been hit by a MetLink bus. Considerable damage has been caused and there was "bus yellow" paint, park of a reflector and fibreglass all left on my car (of which I have samples). Metlink have referred the matter to Transurban, the only operator on the routes that use my road.
Currently I have been waiting for a firm response from them, they are waiting for assessment of their fleet to see if they can identify the bus and driver; and say they can't lodge an insurance claim without the time and date of the incident.
They have agreed that the evidence indicates a bus caused the damage, without directly admitting liability.
I suspect I will need to take this to the disputes tribunal, I only have fire 3rd party and theft insurance on my vehicle at present so AA insurance are unable to assist.
In these circumstances, can the operator (Transurban) be held liable for the damage, or would I have to be able to identify the driver?

Anon

Hi there,
I guess until they have concrete proof that it was a vehicle in their fleet, their insurance company won't be willing to pay out for a claim of such nature. They will also want to speak with the driver and enquire as to why they didn't report the incident.

aotearoasteve2

Thanks Cade,
I believe that the 3 pieces of physical evidence (paint, reflector and fibreglass) are rather compelling, I have taken a heap of photos, but as I was away on holiday can't pin down the date to any tighter than a 10 day window.

From a police perspective, I have reported this and will be asking the police to at minimum give Tranzurban a warning over no attempt to contact me or leave any details.

From my perspective I don't care if Tranzurban can get their insurance to pay for the damage or if they have to fork out themselves, do you think it's worth me taking them to the tribunal if they deny liability?

Anon

I think the tribunal will be the final solution if you have no luck. Providing the company with repair quotes and bank details along with a timeframe of which you would like action, and retain all email correspondence will make up part of the first step. You will need admission of liability or proof of the vehicle that damaged your car before you can 100% be sure that a claim can be successful, even if it does seem probable.