Minor Ding - who's to blame

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Tue 1 Jun 2010 18:48
Minor Ding - who's to blame - Roly93

I was driving on a country lane about a mile from home today and had to pull ont the verge to avoid 2 horses with (novice riders)in the middle of the road, being led by a riding instructor.

In the process of doing this (I was only about a tyres width onto the verge), I got my lower front wing dented by a rock which was obscured by long grass, which had been put there by a householder nearby.

I was livid to be honest, but of course do not blame the horse people, as in law horses have 101% priority over vehicles on the public roads.

I am 99% sure that the verge is public property and as such, the responsibility of the council, so I have started the claims process from them. My expected outcome is that as the council will pay my claim but go after the householder which planted the rocks.

Does anyone care to comment on my understanding of the situation...

Edited by Roly93 on 01/06/2010 at 18:49

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Tue 1 Jun 2010 19:07
Minor Ding - who's to blame - LucyBC

The council has no liability in these circumstances.

This is a fault claim where you must pay for your own losses.

You don't have a claim against anyone.

You drove into the rock and in insurance terms this will be treated as "failing to keep a proper lookout".

Edited by LucyBC on 01/06/2010 at 19:10

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Tue 1 Jun 2010 19:59
Minor Ding - who's to blame - Roly93

According to west berks councils own web-site they are responsible for obstructions to pavements and verges (that belong to them) such as rocks posts etc.

By this logic the council are not liable to wheel damage due to pot-holes in the road, which they clearly are.

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Tue 1 Jun 2010 21:22
Minor Ding - who's to blame - LucyBC

You have absolutely no chance in making a successful claim in the circumstances you outline. You are 100% liable for the damage incurred to your vehicle.The only upside you have is that as the rock was probably placed without permission the householder probably has no claim for the damage caused to their rock.

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Tue 1 Jun 2010 22:59
Minor Ding - who's to blame - Collos25

Cars are driven on roads any off road is at the drivers risk.

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Wed 2 Jun 2010 10:25
Minor Ding - who's to blame - b308

I notice that you said it was put there by the householder... why would they do that, and how did you know?

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Wed 2 Jun 2010 10:56
Minor Ding - who's to blame - Roly93

Of course I cannot absolutely and forensically prove this, but the fact that they are all placed at intervals and were whitewashed at some time in the past and are to the left and right of their drive is pretty conclusive.

It clearly says on the councils web site that they are responsible for making sure that verges and pavements are not obstructed in this way.

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Wed 2 Jun 2010 12:39
Minor Ding - who's to blame - Cliff Pope

I think you are possibly confusing the carriageway with the highway.

A piece of land at the side of a road may have one of 3 statuses:

1) The private property of the householder, with no public right of way over it

2) Part of the public highway

3) Part of the metalled carriageway

Motor vehicles have a right of way over the carriageway, but not over the whole highway, if wider. You appear to have been unlawfully driving off the carriageway, cf. mounting the pavement.

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Wed 2 Jun 2010 13:42
Minor Ding - who's to blame - Paul G1pdc

HELLO.

over in Aylesbury (Buckinghamshire) the council put huge boulders(ie 1 ton+ in weight) on the edge of areas of greenery.....in some areas of the town over 15 in a row...

why......

in the past they've had issues with people living in caravans on the grass areas, the boulders prevent the caravans....

if the original poster is correct I could ram my car into one of these and claim back the damage.......

I think this subject is just one of those things we used to call accidents in the 1980s before the Americans taught us that if we fall over in the street or if a branch falls of a tree in the park......etc we can take someone to court......

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Sat 5 Jun 2010 17:56
Minor Ding - who's to blame - Roly93

Well the claim has gone in to the council and so far so good. The basis of my argument is that he council state on their web site that THEY are responsible for ensuring that verges and pavements are not obstructed, and in this case it seems that the petty householder has put obstructions on a verge that is almost certainly public land.

If I was to ram into a huge boulder put there by the council I would entirely agree with you.

Ultimately, the fault is with the householder, but to persue them I would probably have to take on a civil action. If people are goiny to do this at least they should have the decently to cut/strim away the grass hiding the obstructions, which I couldn't see from a distance.

I have about 50 metres of verge outside my propert and I dont do this so why should anyone else.

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Sat 5 Jun 2010 21:14
Minor Ding - who's to blame - LucyBC

If you are moving and drive into a static object be that a vehicle, a fence, a bollard or a parked vehicle you are almost always responsible for your damage. It doesn't matter if it is illegally parked, shouldn't have been there or was put there by someone else the rule applies.

There are limited exceptions for things like unlit skips and roadworks in the highway -- and very limited coverage to recover damage caused by potholes - but if you crash into something on the verge it is your fault.

You have no claim and are wasting everyone's time in making one.

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Sat 5 Jun 2010 21:37
Minor Ding - who's to blame - Old Navy

You have no claim and are wasting everyone's time in making one.

Seconded.

You need to accept responsibility for your actions. You drove into a rock, your fault, your problem.

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Sat 5 Jun 2010 22:20
Minor Ding - who's to blame - Cliff Pope

the council state on their web site that THEY are responsible for ensuring that verges and pavements are not obstructed,

You are misunderstanding what they are clearing the obstructions FOR. Motor vehicles have no right of way over the verges or pavements, The council is responsible for removing obstructions from those who DO have a right of way, eg pedestrians.

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Sun 6 Jun 2010 09:47
Minor Ding - who's to blame - b308

And if you choose to go off the metaled highway onto the verge then its your reponsibility to ensure it is clear! Does sound as though the owner (or previous owner) of the adjoining property has had proiblems in the past with people driving over the verge and decided to stop them...

Still think its an "accident" and you should just learn from it and move on... Next time, unless you are sure that the verge is clear, just stop on the highway and let them past, after all they are more "off road vehicles" than you and could have traversed the verge without any problems!

Edited by b308 on 06/06/2010 at 09:48

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