driveway damaged my car...
Discussion
Apologies if this is in the wrong section
Tonight I was reversing (carefully as car was cold) out of a friend's driveway, and a loose paving stone flicked up and got caught in the underside of my bumper, ripping it off. The stone wasn't obviously loose or sticking up and I'm guessing the weight of the car flicked it up, car is BMW m3 so quite close to the ground anyway.
Aside from usual moral dilemma of either sucking it up or pursuing a claim from the homeowner, wpho is technically liable? Is it me for not taking care (even though I was, but I can't check peoples driveways before I reverse out everytime) or is it them for not maintaining their driveway or having sufficient warning of a driveway in poor repair?
Tonight I was reversing (carefully as car was cold) out of a friend's driveway, and a loose paving stone flicked up and got caught in the underside of my bumper, ripping it off. The stone wasn't obviously loose or sticking up and I'm guessing the weight of the car flicked it up, car is BMW m3 so quite close to the ground anyway.
Aside from usual moral dilemma of either sucking it up or pursuing a claim from the homeowner, wpho is technically liable? Is it me for not taking care (even though I was, but I can't check peoples driveways before I reverse out everytime) or is it them for not maintaining their driveway or having sufficient warning of a driveway in poor repair?
thatsprettyshady said:
Its a private house in a private road and she has home insurance, if that helps
You need to laywer up now. Make sure you get a real blood sucking one, and take your friend to the cleaners for every penny you can get. Is your neck hurting from the impact? I suggest you go to your doctors as you may have a whiplash from the impact of the paving slab.edited as already beaten on the whiplash comment
Ask your friend to contact her insurers - there will probably be 3rd party liability cover as part of the package. We used this to pay for a damaged conservatory roof next door when one of our children stupidly threw a stone over his shoulder. Don't think it did anything to our premiums. (Neighbour subsequently had her conservatory replaced, possibly after seeing the damage caused by a tiny stone shattering the glass roof pane, and how far the glass was embedded into her sofa!)
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