M25 Debris
Author
Discussion

V40Vinnie

Original Poster:

863 posts

149 months

Monday 28th November 2016
quotequote all
Recently my other half managed to hit some debris (a metal pole) on the M25 (around J27) that had probably fallen off a truck. Now due to it being a busy period she was unable to get into L2 or L1 to avoid it. the damage was relatively minor but still fairly expensive 2x tyres and bent O/S TCA. having spoken to Highways England it seems they are unable to identify who dropped it. What can i do now? I can just about afford to swallow the cost of the repair but its annoying i could in theory claim on my insurance and then get screwed for the next few years. The terms on the Highways.gov website quite clearly state objects from other vehicles are an insurance claim. What would the wiser PH collective do? I'm just glad she was in the Volvo

trickywoo

14,227 posts

260 months

Monday 28th November 2016
quotequote all
This falls firmly under 'life'.

You'll just have to suck it up.

Drumroll

4,539 posts

150 months

Monday 28th November 2016
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I don't think there is anything you can do. Can't chase whoever "dropped it" as you don't know who it is. Not Highways England fault unless you could prove it had been there a long time.

Helicopter123

8,831 posts

186 months

Monday 28th November 2016
quotequote all
Insurance?

The Mad Monk

11,542 posts

147 months

Monday 28th November 2016
quotequote all
V40Vinnie said:


The terms on the Highways.gov website quite clearly state objects from other vehicles are an insurance claim.
It may well be that their terms and conditions could be deemed unfair.

Sue them.

anonymous-user

84 months

Monday 28th November 2016
quotequote all
Unfortunately you just have to suck it up

I hit a hole on the M2 a while back, it bent my alloy which needed repairing and a new tyre. There were 4 other cars on the H/S within half a mile but Highways England didn't want to know unless I could provide them with a photo which is quite difficult on L3 on a Motorway

V40Vinnie

Original Poster:

863 posts

149 months

Monday 28th November 2016
quotequote all
anonymous said:
[redacted]
This is what i'm beginning to think its frustrating especially as the repairs where slightly less than my excess anyway

The Mad Monk

11,542 posts

147 months

Monday 28th November 2016
quotequote all
V40Vinnie said:
anonymous said:
[redacted]
This is what i'm beginning to think its frustrating especially as the repairs where slightly less than my excess anyway
Why don't you take my advice?

V40Vinnie

Original Poster:

863 posts

149 months

Monday 28th November 2016
quotequote all
The Mad Monk said:
Why don't you take my advice?
Basing my descision on a ratio of advice, and trying to be pragmatic no one was hurt apart from the car and it was fixed same day. An insurance claim would be meaningless as it affects everyones premium not just mine, and there is a precedent for having to suck it up. i was asking what the PH collective would do i never said id follow suit.

Realistically suing could leave me even more out of pocket

Riley Blue

23,205 posts

256 months

Monday 28th November 2016
quotequote all
Similar happened to one of my cars when O/H was driving and a brick fell off a lorry on a roundabout putting a sizeable dent in the nearside rear wing. She didn't get the registration so I had to dip into my wallet to the tune of £220.

TwigtheWonderkid

49,158 posts

180 months

Monday 28th November 2016
quotequote all
V40Vinnie said:
The terms on the Highways.gov website quite clearly state objects from other vehicles are an insurance claim.
Yes, on your insurance!

paintman

7,860 posts

220 months

Monday 28th November 2016
quotequote all
The Mad Monk said:
V40Vinnie said:


The terms on the Highways.gov website quite clearly state objects from other vehicles are an insurance claim.
It may well be that their terms and conditions could be deemed unfair.

Sue them.
Which sections of their T&Cs do you consider could be deemed unfair?

KevinCamaroSS

13,846 posts

310 months

Monday 28th November 2016
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Claim on her insurance. The object was not moving, therefore she should have seen and avoided it.

Red Devil

13,524 posts

238 months

Monday 28th November 2016
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V40Vinnie said:
Realistically suing could leave me even more out of pocket
Doing so wouldn't be realistic. wink

Perhaps the person who suggested it can provide a link to where someone has done so and succeeded.

V40Vinnie

Original Poster:

863 posts

149 months

Monday 28th November 2016
quotequote all
KevinCamaroSS said:
Claim on her insurance. The object was not moving, therefore she should have seen and avoided it.
She's only my insurance so that aint happening


The Mad Monk

11,542 posts

147 months

Monday 28th November 2016
quotequote all
paintman said:
The Mad Monk said:
V40Vinnie said:


The terms on the Highways.gov website quite clearly state objects from other vehicles are an insurance claim.
It may well be that their terms and conditions could be deemed unfair.

Sue them.
Which sections of their T&Cs do you consider could be deemed unfair?
As I wrote 'it may well be that etc etc.

IANAL, however, possibly? :- The bit that says "Objects from other vehicles are an insurance claim"

BertBert

21,292 posts

241 months

Monday 28th November 2016
quotequote all
What is all this about? I presume there is a missing parrot?

The Mad Monk said:
paintman said:
The Mad Monk said:
V40Vinnie said:


The terms on the Highways.gov website quite clearly state objects from other vehicles are an insurance claim.
It may well be that their terms and conditions could be deemed unfair.

Sue them.
Which sections of their T&Cs do you consider could be deemed unfair?
As I wrote 'it may well be that etc etc.

IANAL, however, possibly? :- The bit that says "Objects from other vehicles are an insurance claim"

ashleyman

7,284 posts

129 months

Monday 28th November 2016
quotequote all
anonymous said:
[redacted]
Just go back, "break down" in L3 and await them to come out and shut the motorway so you can get your photo. Then drive off.

Aretnap

1,972 posts

181 months

Monday 28th November 2016
quotequote all
V40Vinnie said:
Realistically suing could leave me even more out of pocket
Especially as you'd have no chance of winning. It's not a question of what the terms of the HA's website any and whether they're fair - the simple fact is that they have no liability because it's not their fault that a pole fell off the back of someone's lorry. If you could prove that there was some blame on the HA's part - for example if it had been there for a long time and they could have done something about it but didn't - then you *might* have beginnings of a case against them - but being realistic how are you going to go about proving how long it had been there?

In theory you have a better claim against the driver of the lorry that the debris fell from, who should have secured his load better, but you can't claim against him unless you know who he is.

So this comes under the general heading of "life's a bh". It's a pain, but ultimately you can't always find someone else to pay for every piece of misfortune that befalls you in life. You're in much the same position as someone who host their car hit by an untraceable hit and run driver or vandalised by persons unknown. If it's serious damage you can claim on your insurance - that's what it's there for. If it's only minor damage then claiming may not be cost effective when you factor in your excess and potentially higher premiums, so the alternative is to fix it yourself and chalk it down as one of the it's of d luck that life throws at us from time to time.

Mr Happy

5,894 posts

250 months

Monday 28th November 2016
quotequote all
Similar thing happened to me, a car flicked a piece of road debris up (a sizeable piece of 2x4) which speared the front of my car, destroying the lower bumper plastics and generally making a bit of a mess.

Insurance said that without finding the person who dropped the wood (unlikely) and them admitting to it (very unlikely), it would go down as a fault claim.

The £200-odd of repairs cost me £several multiples of the £200 over the 5 years I had to declare it. C'est la vie!