Am I liable for a stone chip on another person's screen?
Discussion
jondude said:
The plate won't cause worries - she will not be able to get your address/details from the DVLA due to Data Protection and they will advise her to go to the police to override this. The police will politely tell her she is mad as unless the stone has your DNA on it and witnesses saw you throw it at her screen, there is nothing she can do.
This part doesn't sound true to me... you can easily get peoples details from the DVLA by paying a fee. Parking companies do it all the time.
jimmy the hat said:
StuartGGray said:
Tell her to take it up with the local council who should have swept clean the road before she travelled on it.
If you ask me, it's indicative of the front-wheel-drive generation, egregiously.Apologies if you're not the Stuart Gray that that would mean anything to.
Cheers, Jim
KingNothing said:
I personally would have thought that is a totally different situation and one where you would be able to claim from the trucks insurance, regardless of negligeance or not.
Case law proves otherwise.No negligence from other driver = no recourse.
You would be able to claim on your own fully comp insurance though.
Motorrad said:
I prefer not to communicate with people in these circumstances. I'd simply drive away without comment.
This is the correct approach. These people are idiots, engaging with them validates their existence.... Best to ignore
I wonder how it stands when say the council have laid chippings, and there's a 10mph limit.....then some idiot overtakes, or is travelling in the opposite direction at 40 or 50, and chips your screen, or damages the paintwork:???
Lunablack said:
This is the correct approach. These people are idiots, engaging with them validates their existence.... Best to ignore
I wonder how it stands when say the council have laid chippings, and there's a 10mph limit.....then some idiot overtakes, or is travelling in the opposite direction at 40 or 50, and chips your screen, or damages the paintwork:???
its and advisory 10mph limit.I wonder how it stands when say the council have laid chippings, and there's a 10mph limit.....then some idiot overtakes, or is travelling in the opposite direction at 40 or 50, and chips your screen, or damages the paintwork:???
Where the risk of chippings is signposted, and someone hoons past and throws up chippings at someone else's yarmouth, there could perhaps be a negligence case. That is very different from the ordinary risks of road driving, as in the OP's case.
Criminal liability is not a pre requisite to civil liability, so the speed limit is not determinative.
Criminal liability is not a pre requisite to civil liability, so the speed limit is not determinative.
icetea said:
jondude said:
The plate won't cause worries - she will not be able to get your address/details from the DVLA due to Data Protection and they will advise her to go to the police to override this. The police will politely tell her she is mad as unless the stone has your DNA on it and witnesses saw you throw it at her screen, there is nothing she can do.
This part doesn't sound true to me... you can easily get peoples details from the DVLA by paying a fee. Parking companies do it all the time.But you may be right - this is theory. I believe the DVLA still say you and I can give full reasons for the need for the address and they will consider it....but again, the DPA should stop them as we all know we can pretend we need the details for good reasons and it just makes more sense for the DVLA to request you convince the police of that need first.
Just spoke to the insurance company (I thought it was worth a call). And they said to tell the woman to chase it through her insurance if she thinks she has a claim, and that it'll be pretty much impossible to prove, and even then, the stone would not have been my responsibility.
Case closed
I will however update the thread if I get an amusing call from her
Case closed
I will however update the thread if I get an amusing call from her
Twice this year t
ts in vans have overtaken me on white hatchings, whilst I've been at the max speed limit of the road. Both times a stone flicked up & bust my windscreen.
If I could have been bothered, I reckon in this scenario there would have been a liability. (driven where they shouldn't have been at a speed they shouldn't have been at)
ts in vans have overtaken me on white hatchings, whilst I've been at the max speed limit of the road. Both times a stone flicked up & bust my windscreen.If I could have been bothered, I reckon in this scenario there would have been a liability. (driven where they shouldn't have been at a speed they shouldn't have been at)
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