get your rocks off!
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guru_1071

Original Poster:

2,768 posts

264 months

Thursday 10th February 2005
quotequote all
going home last night in the storm that we had i hit a foot square bit of dry stone wall that had fallen from someones garden wall.

i only gave it a glancing blow (was in a 30mph limit) and caused no panel damage but managed to smash the alloy wheel and rip a slash in the tyre.

i pulled over and in the dark and pi$$ing rain swopped the wheel, went back down the road and dragged this huge rock to the side of the road.

i drove home thinking that the tracking was out, but have discovered this morning thats its far worse.

it looks as if the bottom arm is bent, and maybe the rack as well.

is it worth me ringing the local coppers to complain, i cant see me having a leg to stand on if i complain to the house holder - after all i cant prove that it was 'their' rock that i hit.

im a bit miffed as its gonna cost me a few hundered quid to fix

Streetcop

5,907 posts

268 months

Thursday 10th February 2005
quotequote all
"Where there's blame, there's a claim"


No there isn't...

It's an act of nature. It happens. Sorry for your damage to your car...at least you are ok yourself.

Lets not get like the Americans and be any more compensation mad than we are already..

guru_1071

Original Poster:

2,768 posts

264 months

Thursday 10th February 2005
quotequote all
streetcop

you have the same opinion as me!

i just wanted a bit of sympathy!!

:-)

Streetcop

5,907 posts

268 months

Thursday 10th February 2005
quotequote all
guru_1071 said:
streetcop

you have the same opinion as me!

i just wanted a bit of sympathy!!

:-)


Good job I said I was sorry to hear of your trouble and that I was glad you're ok then....

Stuff like that is crap...
It's like having an unrepairable puncture in a new tyre or even more worrying; hitting some debris on the motorway and it damaging your car's bodywork...

supraman2954

3,241 posts

269 months

Thursday 10th February 2005
quotequote all
Streetcop said:
"Where there's blame, there's a claim"


No there isn't...

It's an act of nature. It happens. Sorry for your damage to your car...at least you are ok yourself.

Lets not get like the Americans and be any more compensation mad than we are already..
Many would agree with you Gary, compensation culture will be bad for society. However, that wall can't be allowed to continue causing a hazard on the road, so something has to be done! What if this rock fell under the wheels so causing steering failure, resulting with the car mounting a pavement with pedestrians? Would you have the same attitude?

westy04

275 posts

292 months

Thursday 10th February 2005
quotequote all
What if a bike hits it.
I would defo do something about it.

Streetcop

5,907 posts

268 months

Thursday 10th February 2005
quotequote all
supraman2954 said:

Many would agree with you Gary, compensation culture will be bad for society. However, that wall can't be allowed to continue causing a hazard on the road, so something has to be done! What if this rock fell under the wheels so causing steering failure, resulting with the car mounting a pavement with pedestrians? Would you have the same attitude?


Absolutely....

Like when trees fall down and hit cars....nature is nature....

Just like if you're tyre has a blow out and you mount the pavement. Freak incident. Nobody to blame but Sod's Law.

parrot of doom

23,075 posts

264 months

Thursday 10th February 2005
quotequote all
Whats the general condition of the wall it came from? If its in dire condition, I see no reason why you shouldn't insist that the person responsible for the wall pays for the repairs.

rustybin

1,769 posts

268 months

Thursday 10th February 2005
quotequote all
What's the insurance position with something like this. I would have thought if a tree fell on your car it would be down to the (tree) owners household insurance or is it your car insurance (assuming you're fully comp.). Would the owner of the wall not have some sort of third party cover for something like this?

Would a sensible approach to be to speak/drop a line to the owner of the wall and suggest, in a neighbourly sort of way, (if the wall is generally in poor state) that it may benefit them to remedy the situation before a more serious accident occurs. If you explain how you found out about it they may be minded to contribute to your repair costs.

A softly softly approach may bear fruit rather than any hint of confrontation.

Edited to say: For the record I loathe compensation culture but do believe that people should take responsibility for their own actions or inactions.

>> Edited by rustybin on Thursday 10th February 14:26

supraman2954

3,241 posts

269 months

Thursday 10th February 2005
quotequote all
Streetcop said:

supraman2954 said:

Many would agree with you Gary, compensation culture will be bad for society. However, that wall can't be allowed to continue causing a hazard on the road, so something has to be done! What if this rock fell under the wheels so causing steering failure, resulting with the car mounting a pavement with pedestrians? Would you have the same attitude?



Absolutely....

Like when trees fall down and hit cars....nature is nature....

Just like if you're tyre has a blow out and you mount the pavement. Freak incident. Nobody to blame but Sod's Law.
Hazards caused by nature is not the same as hazards caused my man.

Tree falling over; who could have seen that coming? (AKA act of God)
Wall falling over; owner is responsible for its maintenance; especially if it’s known that it’s already falling apart.

The difference here is that the problem is easily preventable.

Using the tyre blow out analogy, would you still consider it to be a freak occurrence if it could be proven that the tyre had worn so much that the steel threads were showing?
I believe this is an absolute offence

busa_rush

6,930 posts

281 months

Thursday 10th February 2005
quotequote all
If the wall was in poor condition (must have been for wind to blow bits of it) then it's negligence therefore claim under the owners household insurance.

guru_1071

Original Poster:

2,768 posts

264 months

Thursday 10th February 2005
quotequote all
just picked my car up from the garage.

105 quid for a track rod end and a new bottom arm

40 quid to fix it and do the tracking.

i still need a wheel and tyre.

i think im gonna throw the t/r/e and the bottom arm into the garden of the house with the dodgy wall, it should give the owners a reason to moan in about six months when they run over them with their lawnmower!!

still, ive got my car back!

burwoodman

18,718 posts

276 months

Thursday 10th February 2005
quotequote all
I agree with the comments re the condition of teh wall. I think the principle is foreseability. basically if the wall is in a poor state is it forseable that a piece could fall off etc. If the answer is yes then id do some digging and serve teh house owner with a lawyers letter. At least find out if you can ID the wall, the owner and talk to your lawyers. It would pi55 me off.

As an aside a friend drove over a rock on the Mway dropped by some lorrey.It took out the sump

kevinday

13,833 posts

310 months

Thursday 10th February 2005
quotequote all
Go see the owner of the wall, if the wall is dodgy ask them to pay, if not then swallow it yourself (or your insurance). If they refuse a request to pay, take loads of photos and go the small claims route.

rich-uk

1,431 posts

286 months

Thursday 10th February 2005
quotequote all
Streetcop said:

Just like if you're tyre has a blow out and you mount the pavement. Freak incident. Nobody to blame but Sod's Law.


What if the tire was poorly maintained? Old/Bald/under or over inflated?

If the wall was poorly maintained and a gust of wind blew a bit in the road, surely the owner should take some responsibility?

JoolzB

3,549 posts

279 months

Thursday 10th February 2005
quotequote all
You'd prob have to hire somebody liking a building surveyor to prove it I'd guess. It's likely to be more than one brick breaking off so the owner will probably have been away of the hazard, I'd personally take it further, you never know what damage the next fallen block will cause somebody.

Streetcop

5,907 posts

268 months

Thursday 10th February 2005
quotequote all
rich-uk said:

If the wall was poorly maintained and a gust of wind blew a bit in the road, surely the owner should take some responsibility?


Flogging a dead horse, I'm afraid.

JoolzB

3,549 posts

279 months

Thursday 10th February 2005
quotequote all
Streetcop said:

rich-uk said:

If the wall was poorly maintained and a gust of wind blew a bit in the road, surely the owner should take some responsibility?



Flogging a dead horse, I'm afraid.

You're probably right but bloody annoying if the owner knew it was falling apart.