Damaged Car - HELP!
Discussion
Hi All
Just hoping someone can help with the following:
My Chimaera was damaged when travelling along a NSL dual carriageway. I was doing about 60mph (listening to the football so not hooning it before any criticise) and was overtaken by a petty Fiesta RS Turbo. There was debris on the road from roadworks, (which may have been was outside the white line marking the edge of the load, but was definitely on the road itself, if that makes sense) and the Fiesta kicked it up into the front of my car.
I think he may have drifted over the right-hand lane marking in the fast lane but I'm not sure, either way my car is damaged from the roadwork debris. Anyway, net result is the front of my car is a mess and I don't fancy paying £1,000+ for a respray.
I've written various letters to the companies involved and have been f@cked around since April so now want to take them to court. So my question is: can anyone recommend a good solicitor to advise me on whether my case is likely to be successful and pursue if appropriate?
Any help would be massively appreciated! Madcop, gemini, John Robson, etc., can you offer any advice?
Thanks.
roadsweeper.
Just hoping someone can help with the following:
My Chimaera was damaged when travelling along a NSL dual carriageway. I was doing about 60mph (listening to the football so not hooning it before any criticise) and was overtaken by a petty Fiesta RS Turbo. There was debris on the road from roadworks, (which may have been was outside the white line marking the edge of the load, but was definitely on the road itself, if that makes sense) and the Fiesta kicked it up into the front of my car.
I think he may have drifted over the right-hand lane marking in the fast lane but I'm not sure, either way my car is damaged from the roadwork debris. Anyway, net result is the front of my car is a mess and I don't fancy paying £1,000+ for a respray. I've written various letters to the companies involved and have been f@cked around since April so now want to take them to court. So my question is: can anyone recommend a good solicitor to advise me on whether my case is likely to be successful and pursue if appropriate?
Any help would be massively appreciated! Madcop, gemini, John Robson, etc., can you offer any advice?
Thanks.
roadsweeper.
sorry to hear about your damage, I won't be so insensitive as to make any connection with your name and your misfortune. I have had similar probs with wayward traffic cones on the M11 and always assumed it was tough luck....I hope you're able to prove otherwise. A top notch nose and mirrors job should 'only' set you back about 600 squid, small consolation I know
Sorry to hear of your accident.
Are you comprehensively insured? Surely that will pay for the damage?
We had a flattened coke can get kicked up by a car in front on the M4. Bounced on the bonnet of our Chim and flew over our heads. Great big chip in the bonnet - but I was so glad that it didn't hit the windscreen - if it had come in via the open roof and hit either of us it would have been hospital or worse.
The point is though that I will be paying (myself) to have the bonnet sorted when we have the car's paintjob done.
Sounds like you might be in the same boat? Good luck anyway.
Are you comprehensively insured? Surely that will pay for the damage?
We had a flattened coke can get kicked up by a car in front on the M4. Bounced on the bonnet of our Chim and flew over our heads. Great big chip in the bonnet - but I was so glad that it didn't hit the windscreen - if it had come in via the open roof and hit either of us it would have been hospital or worse.
The point is though that I will be paying (myself) to have the bonnet sorted when we have the car's paintjob done.
Sounds like you might be in the same boat? Good luck anyway.
£600 - are you sure? I need the whole nose (i.e. bonnet, wings, front intake) doing. In addition I'd like to get one of the doors done where some scrote scratched it for me.
I'm pondering getting some of this new chip guard people are talking about:
www.pistonheads.com/gassing/topic.asp?t=14907&f=13&h=0&p=1
I'm pondering getting some of this new chip guard people are talking about:
www.pistonheads.com/gassing/topic.asp?t=14907&f=13&h=0&p=1
Hi don
Thanks for the contribution but I don't think I should have to claim on my insurance when the roadworks were at fault - I am NCB protected but I'm only allowed two claims per three years and want to swap insurer come renewal time and they'll want to know if I've made a clim recently.
(Your 'incident' with the coke can sounds nasty by the way!
)
Even if I could claim on my insurance (and I'm not sure that I can?) is it not too late or should it be OK since I wrote to the council etc the same week it happened?
Cheers.
roadsweeper.
Thanks for the contribution but I don't think I should have to claim on my insurance when the roadworks were at fault - I am NCB protected but I'm only allowed two claims per three years and want to swap insurer come renewal time and they'll want to know if I've made a clim recently.
(Your 'incident' with the coke can sounds nasty by the way!
) Even if I could claim on my insurance (and I'm not sure that I can?) is it not too late or should it be OK since I wrote to the council etc the same week it happened?
Cheers.
roadsweeper.
I hit a lump of something solid on a rainy night in roadworks on the M6 last winter. It took off my lip spoiler and knackered my radiator. I did not think for one second I'd be able to claim for it so just shelled out. I'd be interested to hear if you get anywhere with it for nexttime.
David
David
Had a lump of wood hit my car on the M1, I think it was kicked up by a lorry, but not sure. Anyway, paying for it myself.
Also, missing bollard in the road means I ramped the Supra up that and damaged an alloy wheel. Again, they won't accept liability for it and it can be a hell of an uphill struggle. I was late taking some pictures of it and by the time I went there to take the pics, it had been resolved.
Finally, a whole load of black ready to be installed tarmac was left in the middle of the road and I ramped that too in the Mazda, caused some damage to the underside etc but council wanted proof that it was the tarmac that caused it. Very difficult situation as the legal system here is a load of shite. Especially in regards to councils. I think their liability should be strict in terms of the duty of care in this kind of situation.
Good Luck and let us know how you get on.
Also, missing bollard in the road means I ramped the Supra up that and damaged an alloy wheel. Again, they won't accept liability for it and it can be a hell of an uphill struggle. I was late taking some pictures of it and by the time I went there to take the pics, it had been resolved.
Finally, a whole load of black ready to be installed tarmac was left in the middle of the road and I ramped that too in the Mazda, caused some damage to the underside etc but council wanted proof that it was the tarmac that caused it. Very difficult situation as the legal system here is a load of shite. Especially in regards to councils. I think their liability should be strict in terms of the duty of care in this kind of situation.
Good Luck and let us know how you get on.
What sort of debris exactly?
You need to prove negligence by the highway authority/contractor/maintaining agent to get a pay out. You will need to see their inspection records to establish this. If they can't produce them then you'll get paid out. If they can and prove that they've met their inspection regime then its no case regardless of whether damage was actually done or not. Under the Highways act its a defense in law for the Highway authority if they prove they've met their inspection regime. ( I can get the exact wording if you want)Records would show this.
If someone else say reported this to them a day before and nothing was done and you subsequently hit the said item then the Highway authority would have been negligent and would have to pay. If the Highway authority recorded the said item on one of their regular safety inspections as being dangerous to travelling public, and did nothing about it then again they've been negligent and you'd get paid out.
I've just been involved with a case where a gentleman claims to have tripped over on the footway, suing highway authority for £12-15k in injuries, it will get paid out by default unless inspection records are produced, in which case he'll lose(initially records believed to have been lost!!!) Claimants can ask to see/have records. Might be worth you asking the highway authority for them before you instruct a lawyer. The threat of court case normally speeds thing up on this front.
I am not a lawyer btw, I'm a Highway engineer.
>> Edited by DimmaDan on Wednesday 21st August 18:35
>> Edited by DimmaDan on Wednesday 21st August 18:38
>> Edited by DimmaDan on Wednesday 21st August 18:38
>> Edited by DimmaDan on Wednesday 21st August 18:39
You need to prove negligence by the highway authority/contractor/maintaining agent to get a pay out. You will need to see their inspection records to establish this. If they can't produce them then you'll get paid out. If they can and prove that they've met their inspection regime then its no case regardless of whether damage was actually done or not. Under the Highways act its a defense in law for the Highway authority if they prove they've met their inspection regime. ( I can get the exact wording if you want)Records would show this.
If someone else say reported this to them a day before and nothing was done and you subsequently hit the said item then the Highway authority would have been negligent and would have to pay. If the Highway authority recorded the said item on one of their regular safety inspections as being dangerous to travelling public, and did nothing about it then again they've been negligent and you'd get paid out.
I've just been involved with a case where a gentleman claims to have tripped over on the footway, suing highway authority for £12-15k in injuries, it will get paid out by default unless inspection records are produced, in which case he'll lose(initially records believed to have been lost!!!) Claimants can ask to see/have records. Might be worth you asking the highway authority for them before you instruct a lawyer. The threat of court case normally speeds thing up on this front.
I am not a lawyer btw, I'm a Highway engineer.
>> Edited by DimmaDan on Wednesday 21st August 18:35
>> Edited by DimmaDan on Wednesday 21st August 18:38
>> Edited by DimmaDan on Wednesday 21st August 18:38
>> Edited by DimmaDan on Wednesday 21st August 18:39
On another point, I got paid out for a new engine on my car (£900), I drove it accross a flooded road and engine seized. I was new to highway matters then, I thought my tough luck, but colleagues said write to highway authority, not sure why they paid out, but I didn't have to instruct lawyers, they wrote back asking for original receipts of repair, which I duly did, and they obliged with a cheque 'without prejudice'. I guess they lost records or something, so paid on default.
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