Big Rock - who do I claim against for damage?
Discussion
All,
Last week while travelling on business, I had a rather unpleasent experience with a large rock/boulder (18" x 12" x 8") on a dual carriageway.
This object had previously been part of the A303 but had come away (I suspect it is because of the large number of very heavy lorries and Army vehicles that use the road).
I suffered a double blow out, damage to my suspension and my back, not to mention almost mating with an Army mobile missile launcher.
The garage I was transported to said that I can claim the costs back from the local council. Is this correct, or it is the Highways Agency I need to contact to reclaim the money?
I'd only just replaced the tyres, plus its likely to be about a grand to sort out. At least it was in the Audi not the Chim!
Last week while travelling on business, I had a rather unpleasent experience with a large rock/boulder (18" x 12" x 8") on a dual carriageway.
This object had previously been part of the A303 but had come away (I suspect it is because of the large number of very heavy lorries and Army vehicles that use the road).
I suffered a double blow out, damage to my suspension and my back, not to mention almost mating with an Army mobile missile launcher.
The garage I was transported to said that I can claim the costs back from the local council. Is this correct, or it is the Highways Agency I need to contact to reclaim the money?
I'd only just replaced the tyres, plus its likely to be about a grand to sort out. At least it was in the Audi not the Chim!
Not sure on the status of the road - Trunk (Dept of Transport) or normal (Local Authority) but DofT hive off repair maintenance on LA so I would suggest Local Authority as first port of call if you are going ahead.
Would suggest that this will be hard to prove on their negligence but you never know they may curl over but doubtful. Take on board, having bitten your tongue, on the specsaver comment as from the damage it must have been a helloffa clemmy to hit or did it break away and roll onto the road?
Consider having a word with your Insurance Company as isn't this an accident??????
DVD
Would suggest that this will be hard to prove on their negligence but you never know they may curl over but doubtful. Take on board, having bitten your tongue, on the specsaver comment as from the damage it must have been a helloffa clemmy to hit or did it break away and roll onto the road?
Consider having a word with your Insurance Company as isn't this an accident??????
DVD
Who is resposible for cleaning up this rubbish on roads.
The last two weekends on my way home, on the right hand side of a right hand sweeper of dual-carriageway on the Leeds ringroad between Weetwood and the next one round twoards Seacroft there were several large stones on the road, next to the curb, maybe a upto a foot into the carriageway.
Considering it's a sweeping right hander, cars in the fast lane may not see them, even if you have "glasses" on, and would cause a very nasty accident.
Been there when I saw them I thought the police would see them and move them, or someone, but no, two weeks later still there!
Don't know why people think you should have seen it, it's not always that easy when maybe driving around other vehicles on a major road.
Make them pay big time, then maybe they'll bother to bloody remove/make safe stuff like this sooner! Talk about UK roads going downhill.
Almost 0 police presence, potholes and ruts, and now debris left in the road for fun!?
Dave
The last two weekends on my way home, on the right hand side of a right hand sweeper of dual-carriageway on the Leeds ringroad between Weetwood and the next one round twoards Seacroft there were several large stones on the road, next to the curb, maybe a upto a foot into the carriageway.
Considering it's a sweeping right hander, cars in the fast lane may not see them, even if you have "glasses" on, and would cause a very nasty accident.
Been there when I saw them I thought the police would see them and move them, or someone, but no, two weeks later still there!
Don't know why people think you should have seen it, it's not always that easy when maybe driving around other vehicles on a major road.
Make them pay big time, then maybe they'll bother to bloody remove/make safe stuff like this sooner! Talk about UK roads going downhill.
Almost 0 police presence, potholes and ruts, and now debris left in the road for fun!?
Dave
Whatever you do don't go through your insurance company or even inform them unless it's the absolute last resort. They will not help you to claim from the council etc and will load your premium anyway.
I had a similar incident a couple of months ago whereby I hit a foot deep pot hole in my Chim causing around £1400 worth of damage.
Firstly, did you get any photos of the site? If not get back there sharpish before the authority responsible repair it and deny it all. I took several with my camera phone as soon as I had ground to a halt and stopped swearing, thus giving the guilty party no chance to deny anything.
Were there any witnesses who can back you up? I had a statement from the AA patrol and the recovery truck.
Get estimates for repair from your garage - get them to state the damage to your car could only have been a result of your hitting the rock.
Find out by phoning the highways dept who is responsible for that piece of road then get a letter drafted to them outlining what happened, when, damage caused etc along with COPIES of all eveidence (photos, statement, repair estimates etc)
Ensure that you keep copies of all correspondance and that all letters sent are recorded.
Go back to the site a week later and check that they've made a satisfactory repair to the section of road. In my case they hadn't and more photos were taken giving me even more back up.
In my case it was Anglian Water who were responsible under the Roads and Streetworks act, having dug the section up to repair a burst water main. It took a couple of months but they paid out in full.
Best of luck and if you need any more info let me know.
I had a similar incident a couple of months ago whereby I hit a foot deep pot hole in my Chim causing around £1400 worth of damage.
Firstly, did you get any photos of the site? If not get back there sharpish before the authority responsible repair it and deny it all. I took several with my camera phone as soon as I had ground to a halt and stopped swearing, thus giving the guilty party no chance to deny anything.
Were there any witnesses who can back you up? I had a statement from the AA patrol and the recovery truck.
Get estimates for repair from your garage - get them to state the damage to your car could only have been a result of your hitting the rock.
Find out by phoning the highways dept who is responsible for that piece of road then get a letter drafted to them outlining what happened, when, damage caused etc along with COPIES of all eveidence (photos, statement, repair estimates etc)
Ensure that you keep copies of all correspondance and that all letters sent are recorded.
Go back to the site a week later and check that they've made a satisfactory repair to the section of road. In my case they hadn't and more photos were taken giving me even more back up.
In my case it was Anglian Water who were responsible under the Roads and Streetworks act, having dug the section up to repair a burst water main. It took a couple of months but they paid out in full.
Best of luck and if you need any more info let me know.
thanks chaps.
The object I hit had broken off from the right hand side of the outside lane I believe, as when I drove past it again today, there seemed to be a chunk missing from it. Another car must have run wide, broken it off, coming to rest in the outside lane.
I do have a photo of the section of the road it happened on, but I'm not willing to risk life and limb attempting to get a photo of exactly where the chunk had come out from. Surely the rock itself is enough?
PS re Specsacvers - I might well had seen it were it not for the wide Army vehicles or if I hadn't followed the correct m-s-m proceedrue for overtaking like most of the rest of the population seem not to follow (present company excluded of course!) I must remember to save up for that eyes in the back of my heads operation
The object I hit had broken off from the right hand side of the outside lane I believe, as when I drove past it again today, there seemed to be a chunk missing from it. Another car must have run wide, broken it off, coming to rest in the outside lane.
I do have a photo of the section of the road it happened on, but I'm not willing to risk life and limb attempting to get a photo of exactly where the chunk had come out from. Surely the rock itself is enough?
PS re Specsacvers - I might well had seen it were it not for the wide Army vehicles or if I hadn't followed the correct m-s-m proceedrue for overtaking like most of the rest of the population seem not to follow (present company excluded of course!) I must remember to save up for that eyes in the back of my heads operation
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