Am I liable for a stone chip on another person's screen?

[anonymous-user]

I agree, but I, like you, would probably say CBA.

[framerateuk]

Yeah this was nothing like that.

You can see by this link, the road has massive visibility:
(It looks uphill in the image, it's actually downhill).

https://maps.google.co.uk/maps?q=bargoed&hl=en...

It's a prime overtaking point.

[oyster]

Lunablack said:

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:???

Whether or not it's illegal, it's the height of rudeness to damage other peoples' cars by driving too fast on recently laid chippings. Really annoys me that one.

[anonymous-user]

Call it un neighbourly, and it may perhaps be actionable, as the law works on a good neighbour principle.

[C.A.R.]

I had an 'incident' a while back when a van overtook me on a slip road after diving straight accross the dividing 'hatched' section - cue stone flying up (as cars aren't actually supposed to drive on that stripy painted bit funnily enough)

It was a windscreen van.

I wrote the story on here and the company director was a PHer.

He was apologetic and said that they would repair my windscreen with some gel stuff. I said no, I want a new windscreen. Your driver dis-obeyed the law and I've ended up with a f*cked windscreen, I'm supposed to be grateful that you want to cover this damage up free of charge?

Pretty sure I could've been a right tw*t and reported for dangerous driving, especially after we got an admission from the driver that it had happened.

In the end it all got a bit shirty but ultimately I was left with a f*cked windscreen. I flogged the car ultimately and now just advise anyone to avoid the windscreen company in question.

[Corpulent Tosser]

They offered to repair your windscreen and you refused !!!

Why ?

[daz3210]

oyster said:

Whether or not it's illegal, it's the height of rudeness to damage other peoples' cars by driving too fast on recently laid chippings. Really annoys me that one.

Apart from that it can be dangerous.

I once (many years ago) crossed from good road, to recent laid chippings at higher speed than I should. The difference in stability of the car made me realise that high speed and loose surface aint good unless you are a rally driver.

[StottyZr]

This is an interesting one especially for me.

A while back a friend was following me on a hoon, on a country road I flicked a stone and chipped his windsreen (no overtaking or anything involved, just literally driving) his windscreen cracked about a month after and he had it replaced to the tune of over £1000.

A few friends said I should pay I had no idea why and told them to bks. I said if I had been drifing around a stony car park and hit his windscreen I would pay, but driving down a normal road I wouldn't.

Using this logic, I could drive behind somebody with a go pro cam on, wait until I hear a dink they claim a bonnet respray for them stone chipping it...

Was I in the right?

[framerateuk]

More to the point, why does you friend not have windscreen cover?

It costs £75 at most to have a windscreen fixed, and a lot of insurers do it cheaper. Sadly I've had to pay out 4 times for windows being smashed on my old car thanks to vandals. £75 each time!

[StottyZr]

framerateuk said:

More to the point, why does you friend not have windscreen cover?

It costs £75 at most to have a windscreen fixed, and a lot of insurers do it cheaper. Sadly I've had to pay out 4 times for windows being smashed on my old car thanks to vandals. £75 each time!

You'd have to ask him

Edit: Just logged onto facebook, he has another cracked screen due to another stone chip poor guy. Just mentioned windscreen cover to him.

Edited by StottyZr on Tuesday 9th October 23:12

[Simond S]

KingNothing said:

hman said:

Even if a lorry tyre disintegrates and you get hit by a large lump of flying rubber writing off your car you will have no chance in making the lorry operator pay for your damage (So long as it cannot be proved that its disintegration was through negligent actions).

So a stone flicking off your tyre - nah, that's just st luck.

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.

I agree. So does the lorry owner that shred a tyre in front of my car. £8k in total costs.

[ralphrj]

Simond S said:

KingNothing said:

hman said:

Even if a lorry tyre disintegrates and you get hit by a large lump of flying rubber writing off your car you will have no chance in making the lorry operator pay for your damage (So long as it cannot be proved that its disintegration was through negligent actions).

So a stone flicking off your tyre - nah, that's just st luck.

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.

I agree. So does the lorry owner that shred a tyre in front of my car. £8k in total costs.

Negligence is required to be shown as we don't have strict liability in the UK (for incidents like this).

The vehicle operator can usually avoid liability by providing the latest maintenance record for the vehicle showing that the tyre had been inspected and showed no defects or damage.

In your case I would hazard a guess that either the vehicle operator could not provide a recent maintenance record or that the record showed that the tyre was damaged/defective/below legal limit - either of which could have been used to show negligence by the vehicle operator. Hence, the claim was paid.

[over_the_hill]

StottyZr said:

framerateuk said:

More to the point, why does you friend not have windscreen cover?

It costs £75 at most to have a windscreen fixed, and a lot of insurers do it cheaper. Sadly I've had to pay out 4 times for windows being smashed on my old car thanks to vandals. £75 each time!

You'd have to ask him

Edit: Just logged onto facebook, he has another cracked screen due to another stone chip poor guy. Just mentioned windscreen cover to him.

Edited by StottyZr on Tuesday 9th October 23:12

Because he probably runs a car he can't afford to run or insure and cuts every corner possible, like 3rd Party Insurance which often does not include Windscreen Excess Cover and a few of the other things.

[Deva Link]

Simond S said:

I agree. So does the lorry owner that shred a tyre in front of my car. £8k in total costs.

You did well to win that. There have been other cases on PH were people have had to claim on their own insurance for the reasons stated by other posters.

[KarlMac]

One of my brand new, sub 500 mile dunlops got a massive screw in it, there some builders working next door. Can I sue them?

[StottyZr]

over_the_hill said:

StottyZr said:

framerateuk said:

More to the point, why does you friend not have windscreen cover?

It costs £75 at most to have a windscreen fixed, and a lot of insurers do it cheaper. Sadly I've had to pay out 4 times for windows being smashed on my old car thanks to vandals. £75 each time!

You'd have to ask him

Edit: Just logged onto facebook, he has another cracked screen due to another stone chip poor guy. Just mentioned windscreen cover to him.

Edited by StottyZr on Tuesday 9th October 23:12

Because he probably runs a car he can't afford to run or insure and cuts every corner possible, like 3rd Party Insurance which often does not include Windscreen Excess Cover and a few of the other things.

Talk about jumping to conclusions!

He doesn't have windscreen cover

[Deva Link]

KarlMac said:

One of my brand new, sub 500 mile dunlops got a massive screw in it, there some builders working next door. Can I sue them?

If, on the balance of probabilities, they caused the screw to be in the road, then yes.

Suing people is a last resort of course, try asking them nicely first.

[Cockey]

framerateuk said:

Just spoke to the insurance company (I thought it was worth a call).

I really wouldn't have done that. I asked mine a question once and they lodged an open claim against me! Was a pain in the arse to get taken off.