Discussion
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
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
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
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
The Mad Monk said:
V40Vinnie said:
The terms on the Highways.gov website quite clearly state objects from other vehicles are an insurance claim.
Sue them.
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.
Sue them.
IANAL, however, possibly? :- The bit that says "Objects from other vehicles are an insurance claim"
What is all this about? I presume there is a missing parrot?
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"
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.
Sue them.
IANAL, however, possibly? :- The bit that says "Objects from other vehicles are an insurance claim"
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 b
h". 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.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!
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!
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