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framerateuk

Original Poster:

1,503 posts

70 months

[news] 
Saturday 6th October 2012 quote quote all
I was out in the Caterham earlier. I overtook a car and continued going, when I got to the lights later, a woman started flashing at me from behind and kept shouting "you hit my car!!". Rather confused, I pulled over wondering how on earth I could possible have hit her car. She said "look, you hit my car with a stone when you passed" and pointed at a tiny dink on her windscreen. Followed by her asking what I'm going to do about it!

Could I actually be held liable for a stone chip on her windscreen?! It's like like I intentionally did it! I've had loads of chips myself and have never even considered chasing anyone about them, they're just a side effect of driving!

Any advice?

Podie

41,526 posts

161 months

[news] 
Saturday 6th October 2012 quote quote all
st happens. Can't imagine she has any recourse.

If you're feeling amazingly generous, you could pay her windscreen excess - but personally I'd tell her to do one.

Breadvan72

19,730 posts

49 months

[news] 
Saturday 6th October 2012 quote quote all
This is a side effect of driving. You are not liable, absent carelessness.

StuartGGray

7,035 posts

114 months

[news] 
Saturday 6th October 2012 quote quote all
Tell her to take it up with the local council who should have swept clean the road before she travelled on it.

jimmy the hat

301 posts

33 months

[news] 
Saturday 6th October 2012 quote quote all
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

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DIW35

3,350 posts

86 months

[news] 
Saturday 6th October 2012 quote quote all
Ask her to prove it was you that was responsible and that it wasn't a pre-exisitng chip that she is trying to get repaired at your expense.

framerateuk

Original Poster:

1,503 posts

70 months

[news] 
Saturday 6th October 2012 quote quote all
I thought this was the case! (having worked with car insurance for years you'd think I should know!)

It was her attitude "what you gonna do about it?" that go me!

happychap

329 posts

34 months

[news] 
Saturday 6th October 2012 quote quote all
framerateuk said:
I thought this was the case! (having worked with car insurance for years you'd think I should know!)

It was her attitude "what you gonna do about it?" that go me!
Tell her nothing

framerateuk

Original Poster:

1,503 posts

70 months

[news] 
Saturday 6th October 2012 quote quote all
I told her I had no liability over the issue.

She took my number plate and I did give my phone number (in hindsight I probably shouldn't have!). But I don't think she would have let me go without that!

Breadvan72

19,730 posts

49 months

[news] 
Saturday 6th October 2012 quote quote all
"Let you go"? Did she have you in a deadly Kung Fu grip?

Edited by Breadvan72 on Saturday 6th October 18:36

framerateuk

Original Poster:

1,503 posts

70 months

[news] 
Saturday 6th October 2012 quote quote all
You ever been to the valleys? wink

I was more concerned she was going to flip out and start kicking bits of my car!

a4cabrio

476 posts

45 months

[news] 
Sunday 7th October 2012 quote quote all
Ask her to show you which stone it was that chipped the windscreen!!

Deva Link

26,934 posts

131 months

[news] 
Sunday 7th October 2012 quote quote all
Did you overtake in a place that probably wouldn't be on in a more ordinary car?

framerateuk

Original Poster:

1,503 posts

70 months

[news] 
Sunday 7th October 2012 quote quote all
Long open downhill straight, 30mph goes up to 50mph, I overtook her as soon as the limit opened up. You could overtake there any any car.

There was also one car in front of her, and a bike overtook her just after I did.

10 Pence Short

32,880 posts

103 months

[news] 
Sunday 7th October 2012 quote quote all
In answer to the OP, yes, you are liable. If you were accelerating as you went past and she inhaled additional carcinagenic fumes that she would not otherwise have done you could also be prosecuted for manslaughter by negligence were she to die later because of it.

I think people who like to overtake should think before they act.

Breadvan72

19,730 posts

49 months

[news] 
Sunday 7th October 2012 quote quote all
Indeed, and think of...


sodslaw

189 posts

25 months

[news] 
Sunday 7th October 2012 quote quote all
No you are not liable.

st happens.

hman

5,864 posts

80 months

[news] 
Sunday 7th October 2012 quote quote all
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.



KingNothing

1,292 posts

39 months

[news] 
Sunday 7th October 2012 quote quote all
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.

jondude

1,535 posts

103 months

[news] 
Sunday 7th October 2012 quote quote all
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.

She may then call but then you could either ignore the call or keep answering 'Dong Fu Chinese Take Away...can I take your order, please?'

Seriously, she will have to calm down and forget this eventually, as she has no case whatsoever. If you do answer the phone and want to end it nicely, just tell her you cannot accept the damage was caused by your car and suggest she talk to a solicitor. The solicitor will quickly advise her to pay £20 to get the chip done and move on.
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