An estate agent's sign has damaged my car. Should they pay?
An estate agent's sign has damaged my car. Should they pay?
Author
Discussion

Noodle1982

Original Poster:

2,103 posts

137 months

Wednesday 24th February 2016
quotequote all
A little background, a 'for sale' became detached (by the wind) from a house opposite. I was in my car at the time and caught a glimpse of it just before it hit the side of my car causing a scratch on the lower part of the driver's door.

Phoned up the estate agents and explained what had happened. They said they would get the boss to phone me back.....he never did. Paid them a visit today and have an appointment with him tomorrow morning to discuss things.

The sign was one of those polycarbonate jobbies and fixed with only two screws with 30mm washers straight into the window reveal. So not the most secure of fixings.

Should the estate agents cover the repair cost of the damage to the car?




GroundEffect

13,864 posts

187 months

Wednesday 24th February 2016
quotequote all
No. Why should they? st happens.

Driver101

14,451 posts

152 months

Wednesday 24th February 2016
quotequote all
GroundEffect said:
No. Why should they? st happens.
As they've secured a sign poorly that then damaged someone's property?

If they are going to pin up signs next to people's property they should make sure it's secured properly.

anonymous-user

85 months

Wednesday 24th February 2016
quotequote all
GroundEffect said:
No. Why should they? st happens.
Because it's their sign and they put it up for advertising purposes.


bristolracer

5,955 posts

180 months

Wednesday 24th February 2016
quotequote all
Estate agents use contractors for erecting signs.
Best you can hope for is a coffee an apology and the contact details of their contractor.

nicanary

11,387 posts

177 months

Wednesday 24th February 2016
quotequote all
bristolracer said:
Estate agents use contractors for erecting signs.
Best you can hope for is a coffee an apology and the contact details of their contractor.
This. Your action will be against the company which erected the sign. They should have liability insurance.

KungFuPanda

4,645 posts

201 months

Wednesday 24th February 2016
quotequote all
GroundEffect said:
No. Why should they? st happens.
What a cock.

Impasse

15,099 posts

272 months

Wednesday 24th February 2016
quotequote all
Were they or the company who placed the sign negligent? If yes, can you prove that? If yes to that, then maybe you have a claim against them.

Backtobasics

1,182 posts

214 months

Thursday 25th February 2016
quotequote all
Can you could prove categorically it was the sign? They may have liability insurance for storm damage but I'd expect the insurance company to just wash their hands of it.

surveyor

18,705 posts

215 months

Thursday 25th February 2016
quotequote all
Two screws is pretty normal. That's not what I would call bad practice in itself.

badboyburt

2,043 posts

208 months

Thursday 25th February 2016
quotequote all
Picture of damage to your car ?

Alex@POD

6,454 posts

246 months

Thursday 25th February 2016
quotequote all
KungFuPanda said:
GroundEffect said:
No. Why should they? st happens.
What a cock.
Why? Are you the type of person to claim for stone chips, because the stone was flicked by the car in front?

This is the whole problem with this "compensation culture" we're in now, as soon as something happens, it's someone's fault and they must pay for it...

Blue Oval84

5,397 posts

192 months

Thursday 25th February 2016
quotequote all
Alex@POD said:
Why? Are you the type of person to claim for stone chips, because the stone was flicked by the car in front?

This is the whole problem with this "compensation culture" we're in now, as soon as something happens, it's someone's fault and they must pay for it...
Except in this case it appears it actually was someone's fault...

softtop

3,173 posts

278 months

Thursday 25th February 2016
quotequote all
Blue Oval84 said:
Except in this case it appears it actually was someone's fault...
Yes God's. Sounds a bit like Fort Major. Even Force Majeure.

Condi

20,530 posts

202 months

Thursday 25th February 2016
quotequote all
softtop said:
Blue Oval84 said:
Except in this case it appears it actually was someone's fault...
Yes God's. Sounds a bit like Fort Major. Even Force Majeure.
Sounds nothing like Force Majeure.

But you will have to prove negligence, which will be difficult. If it was just very very windy then I doubt you stand much of a chance. You cant claim for everything you know! If a tree falls down is the person who planted it responsible? Of course not, just one of those things.

deckster

9,631 posts

286 months

Friday 26th February 2016
quotequote all
Condi said:
But you will have to prove negligence, which will be difficult. If it was just very very windy then I doubt you stand much of a chance. You cant claim for everything you know! If a tree falls down is the person who planted it responsible? Of course not, just one of those things.
But this is very different. Somebody had, fairly recently, put this sign up. If, within a short space of time, said sign falls down then I would say that the sign was not fixed well enough and there is a good case for negligence.

Totally different to a tree falling down with no previous indication that it would do so, or the recent case of a roof tile falling off after having been quite happily on the roof for many years, and damaging somebody's car.

northwest monkey

6,370 posts

220 months

Friday 26th February 2016
quotequote all
deckster said:
But this is very different. Somebody had, fairly recently, put this sign up. If, within a short space of time, said sign falls down then I would say that the sign was not fixed well enough and there is a good case for negligence.
How do you know it's been put up recently. Might have been up a couple of years. Either way, it's annoying, but I don't think it's anyone's "fault".

TREMAiNE

4,164 posts

180 months

Friday 26th February 2016
quotequote all
northwest monkey said:
deckster said:
But this is very different. Somebody had, fairly recently, put this sign up. If, within a short space of time, said sign falls down then I would say that the sign was not fixed well enough and there is a good case for negligence.
How do you know it's been put up recently. Might have been up a couple of years. Either way, it's annoying, but I don't think it's anyone's "fault".
Agreed. Very frustrating, yes.

But at the end of the day, get over it.

Pickled Piper

6,452 posts

266 months

Friday 26th February 2016
quotequote all
Almost impossible to prove the contractor was negligent. Really not worth pursuing unless you have plenty of time and money on your hands and want to prove a point.

The scratch may polish out. If not, get it repaired and get on with your life.

Mandat

4,649 posts

269 months

Friday 26th February 2016
quotequote all
Blue Oval84 said:
Alex@POD said:
Why? Are you the type of person to claim for stone chips, because the stone was flicked by the car in front?

This is the whole problem with this "compensation culture" we're in now, as soon as something happens, it's someone's fault and they must pay for it...
Except in this case it appears it actually was someone's fault...
Who's fault was it, and how do you prove it?