My car was hit by a golf ball on my drive. who is lible
Discussion
Hi
Two days ago while washing my wife's MX5 ( It is a motoring forum) a golf ball flew across the garden narrowly missing the wife and hitting the door of the car with considerable force.
My house backs onto the golf course for info.
I ran to the rear hedge to see two golfers leaving the 1ST tee and I asked who had played the shot that flew into my garden. The culprits mate said it was him and pointed to the the other guy. I explained that it had hit the car and dented the door. the golfers said said they would call around at my house after the game.
Very honest guys both came around looked at the dent the younger one accepted liability and left his name and phone number.
I've had one dent removal guy look and he said its stretched the metal and will need a bodyshop repair.
Fast forward to this morning and I get a call from the guys mum saying he is a student and not working so he will not be paying a penny and to claim from the golf course or my own insurance saying she has had advice that he is not libel in anyway
Ive just been to the golf club and they pointed me to a sign saying "golfers play on this course entirely their own risk. the management do not bear any responsibility for damage or injury caused while on the golf course"
This sign the golf course says puts the responsibility onto the golfer.
Am I onto a loser or should the golfer cover it, possibly under their house insurance?
Rob
Two days ago while washing my wife's MX5 ( It is a motoring forum) a golf ball flew across the garden narrowly missing the wife and hitting the door of the car with considerable force.
My house backs onto the golf course for info.
I ran to the rear hedge to see two golfers leaving the 1ST tee and I asked who had played the shot that flew into my garden. The culprits mate said it was him and pointed to the the other guy. I explained that it had hit the car and dented the door. the golfers said said they would call around at my house after the game.
Very honest guys both came around looked at the dent the younger one accepted liability and left his name and phone number.
I've had one dent removal guy look and he said its stretched the metal and will need a bodyshop repair.
Fast forward to this morning and I get a call from the guys mum saying he is a student and not working so he will not be paying a penny and to claim from the golf course or my own insurance saying she has had advice that he is not libel in anyway
Ive just been to the golf club and they pointed me to a sign saying "golfers play on this course entirely their own risk. the management do not bear any responsibility for damage or injury caused while on the golf course"
This sign the golf course says puts the responsibility onto the golfer.
Am I onto a loser or should the golfer cover it, possibly under their house insurance?
Rob
Golfers do not need insurance. It isn't criminal damage unless they deliberately aimed at your car or were pissing around. I would say if they are refusing to pay there's not much you can do.
You could claim against your own insurance or just suck it up and pay yourself. Unfortunately one of those things, the same as if a kid accidentally fell off a bike onto your car and the parents refused to pay. But that is why we have insurance for high value things.
You could claim against your own insurance or just suck it up and pay yourself. Unfortunately one of those things, the same as if a kid accidentally fell off a bike onto your car and the parents refused to pay. But that is why we have insurance for high value things.
Edited by HantsRat on Friday 13th July 10:54
Golfer is liable and should cover the cost of repairs. Bearing in mind you can buy 3rd party accidental damage insurance from around £25 per year there's no excuse, and perhaps will be an expensive lesson for the t
t.
Oh, and getting your mum to phone up for you - what a fking nobber. For that alone I'd pursue him...
t.Oh, and getting your mum to phone up for you - what a f
king nobber. For that alone I'd pursue him...robwilk said:
Hi
Two days ago while washing my wife's MX5 ( It is a motoring forum) a golf ball flew across the garden narrowly missing the wife and hitting the door of the car with considerable force.
My house backs onto the golf course for info.
I ran to the rear hedge to see two golfers leaving the 1ST tee and I asked who had played the shot that flew into my garden. The culprits mate said it was him and pointed to the the other guy. I explained that it had hit the car and dented the door. the golfers said said they would call around at my house after the game.
Very honest guys both came around looked at the dent the younger one accepted liability and left his name and phone number.
I've had one dent removal guy look and he said its stretched the metal and will need a bodyshop repair.
Fast forward to this morning and I get a call from the guys mum saying he is a student and not working so he will not be paying a penny and to claim from the golf course or my own insurance saying she has had advice that he is not libel in anyway
Ive just been to the golf club and they pointed me to a sign saying "golfers play on this course entirely their own risk. the management do not bear any responsibility for damage or injury caused while on the golf course"
This sign the golf course says puts the responsibility onto the golfer.
Am I onto a loser or should the golfer cover it, possibly under their house insurance?
Rob
Can you get your mum to call his mum and tell her "bTwo days ago while washing my wife's MX5 ( It is a motoring forum) a golf ball flew across the garden narrowly missing the wife and hitting the door of the car with considerable force.
My house backs onto the golf course for info.
I ran to the rear hedge to see two golfers leaving the 1ST tee and I asked who had played the shot that flew into my garden. The culprits mate said it was him and pointed to the the other guy. I explained that it had hit the car and dented the door. the golfers said said they would call around at my house after the game.
Very honest guys both came around looked at the dent the younger one accepted liability and left his name and phone number.
I've had one dent removal guy look and he said its stretched the metal and will need a bodyshop repair.
Fast forward to this morning and I get a call from the guys mum saying he is a student and not working so he will not be paying a penny and to claim from the golf course or my own insurance saying she has had advice that he is not libel in anyway
Ive just been to the golf club and they pointed me to a sign saying "golfers play on this course entirely their own risk. the management do not bear any responsibility for damage or injury caused while on the golf course"
This sign the golf course says puts the responsibility onto the golfer.
Am I onto a loser or should the golfer cover it, possibly under their house insurance?
Rob
ks". If it were me, I'd suck it up and post details of the pathetic little
all over Faceache etc, to show what a pissy little mummy's boy golf wker he is. How old is he? If he is of legal age, he's clearly responsible. If he is a kid, legally may not be responsible but then why is hi mummy letting him play golf with the big boys. You say "honest guys", one of them clearly wasn't .
Worth pointing out to the culprits family that they may be covered by the personal liability section of their house contents policy. Alternatively is there any liability cover built into their golf club or association membership. Ultimately tell them you’ll invoice them and if the don’t pay up you’ll take them to Small Claims get a CCJ and escalate to the H8gh Court for payment or removal of goods (his golf clubs should cover it!).
Doubt the little snowflake could afford a CCJ on their record.
Doubt the little snowflake could afford a CCJ on their record.
Edited by elanfan on Friday 13th July 11:13
HantsRat said:
Golfers do not need insurance. It isn't criminal damage unless they deliberately aimed at your car or were pissing around.
It doesn't need to be criminal damage for it to be negligence. Some golfers are better than others. Question is, was it a bad enough shot to be able to say "that's more than just lack of talent, that's pure negligence." Hard to prove I guess.
Also, a sign saying "golfers play at their own risk" does not necessarily mean the course owners are off the hook. They owe their neighbours a duty of care. If property and people are close enough to be in danger, then maybe they should have netting around the perimeter or similar.
TwigtheWonderkid said:
It doesn't need to be criminal damage for it to be negligence. Some golfers are better than others. Question is, was it a bad enough shot to be able to say "that's more than just lack of talent, that's pure negligence."
Hard to prove I guess.
Also, a sign saying "golfers play at their own risk" does not necessarily mean the course owners are off the hook. They owe their neighbours a duty of care. If property and people are close enough to be in danger, then maybe they should have netting around the perimeter or similar.
Exactly. This will never be proven unless he saw him take the shot or has witnesses to prove negligence. Either way this would be a civil only case not criminal and down to the OP to pursue if he so wishes. Hard to prove I guess.
Also, a sign saying "golfers play at their own risk" does not necessarily mean the course owners are off the hook. They owe their neighbours a duty of care. If property and people are close enough to be in danger, then maybe they should have netting around the perimeter or similar.
We had similar living opposite a golf course when a ball came through both panes of double glazing upstairs. Golf course tried to blame some fictional passing kids as having thrown it through.... we threatened to publically name & shame & then they coughed up. It should be a requirement to erect netting around golf courses where there is the chance a ball may stray outside of their property.
TwigtheWonderkid said:
Also, a sign saying "golfers play at their own risk" does not necessarily mean the course owners are off the hook. They owe their neighbours a duty of care. If property and people are close enough to be in danger, then maybe they should have netting around the perimeter or similar.
If the club was failing in their duty of care, then this would be a regular occurrence.robwilk said:
Hi
Two days ago while washing my wife's MX5 ( It is a motoring forum) a golf ball flew across the garden narrowly missing the wife and hitting the door of the car with considerable force.
My house backs onto the golf course for info.
I ran to the rear hedge to see two golfers leaving the 1ST tee and I asked who had played the shot that flew into my garden. The culprits mate said it was him and pointed to the the other guy. I explained that it had hit the car and dented the door. the golfers said said they would call around at my house after the game.
Very honest guys both came around looked at the dent the younger one accepted liability and left his name and phone number.
I've had one dent removal guy look and he said its stretched the metal and will need a bodyshop repair.
Fast forward to this morning and I get a call from the guys mum saying he is a student and not working so he will not be paying a penny and to claim from the golf course or my own insurance saying she has had advice that he is not libel in anyway
Ive just been to the golf club and they pointed me to a sign saying "golfers play on this course entirely their own risk. the management do not bear any responsibility for damage or injury caused while on the golf course"
This sign the golf course says puts the responsibility onto the golfer.
Am I onto a loser or should the golfer cover it, possibly under their house insurance?
Rob
Nothing to add except - getting his mum to call you, what a wet timmy fTwo days ago while washing my wife's MX5 ( It is a motoring forum) a golf ball flew across the garden narrowly missing the wife and hitting the door of the car with considerable force.
My house backs onto the golf course for info.
I ran to the rear hedge to see two golfers leaving the 1ST tee and I asked who had played the shot that flew into my garden. The culprits mate said it was him and pointed to the the other guy. I explained that it had hit the car and dented the door. the golfers said said they would call around at my house after the game.
Very honest guys both came around looked at the dent the younger one accepted liability and left his name and phone number.
I've had one dent removal guy look and he said its stretched the metal and will need a bodyshop repair.
Fast forward to this morning and I get a call from the guys mum saying he is a student and not working so he will not be paying a penny and to claim from the golf course or my own insurance saying she has had advice that he is not libel in anyway
Ive just been to the golf club and they pointed me to a sign saying "golfers play on this course entirely their own risk. the management do not bear any responsibility for damage or injury caused while on the golf course"
This sign the golf course says puts the responsibility onto the golfer.
Am I onto a loser or should the golfer cover it, possibly under their house insurance?
Rob
kwit...This sounds analagous to having a stone thrown up by a passing vehicle that then chips your paintwork/windscreen. In that situation, there is no liability on the vehicle that threw the stone up as there is no negligence. In this case, merely being bad at golf is not being negligent so unless he was deliberately aiming at your driveway I would suggest that the golfer is not liable.
There may be a claim against the golf course if it is foreseeable that poor golfers may hit shots onto your property and they haven't taken steps to prevent this. If you wanted to take a really contrary view, it could be argued that you yourself are negligent in not protecting your property against something which is entirely foreseeable (not saying that I would agree - but I can see it being used as an argument against you).
There may be a claim against the golf course if it is foreseeable that poor golfers may hit shots onto your property and they haven't taken steps to prevent this. If you wanted to take a really contrary view, it could be argued that you yourself are negligent in not protecting your property against something which is entirely foreseeable (not saying that I would agree - but I can see it being used as an argument against you).
poo at Paul's said:
Can you get your mum to call his mum and tell her "bks".
If it were me, I'd suck it up and post details of the pathetic little all over Faceache etc, to show what a pissy little mummy's boy golf wker he is. How old is he? If he is of legal age, he's clearly responsible. If he is a kid, legally may not be responsible but then why is hi mummy letting him play golf with the big boys.
You say "honest guys", one of them clearly wasn't .
He is 21.ks". If it were me, I'd suck it up and post details of the pathetic little
all over Faceache etc, to show what a pissy little mummy's boy golf wker he is. How old is he? If he is of legal age, he's clearly responsible. If he is a kid, legally may not be responsible but then why is hi mummy letting him play golf with the big boys. You say "honest guys", one of them clearly wasn't .
elanfan said:
Worth pointing out to the culprits family that they may be covered by the personal liability section of their house contents policy. Alternatively is there any liability cover built into their golf club or association membership. Ultimately tell them you’ll invoice them and if the don’t pay up you’ll take them to Small Claims get a CCJ and escalate to the H8gh Court for payment or removal of goods (his golf clubs should cover it!).
Doubt the little snowflake could afford a CCJ on their record.
I tried too but she was not listening hung up on me.Doubt the little snowflake could afford a CCJ on their record.
Edited by elanfan on Friday 13th July 11:13
robwilk said:
elanfan said:
Worth pointing out to the culprits family that they may be covered by the personal liability section of their house contents policy. Alternatively is there any liability cover built into their golf club or association membership. Ultimately tell them you’ll invoice them and if the don’t pay up you’ll take them to Small Claims get a CCJ and escalate to the H8gh Court for payment or removal of goods (his golf clubs should cover it!).
Doubt the little snowflake could afford a CCJ on their record.
I tried too but she was not listening hung up on me.Doubt the little snowflake could afford a CCJ on their record.
Edited by elanfan on Friday 13th July 11:13
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