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Wifes car damaged by temp. road sign - council doesnt care.

gerlewis

Well-known member
Joined
5 Apr 2014
Messages
151
Ok, where to begin!?

My wifes 1 series was damaged while parked on a coast road (the kind that has those little signs on the lampposts stating that parking is permitted between certain times).

We went for a meal to a local coastal restaurant and while in the restaurant our car was hit and damaged by a poorly tethered roadworks sign (sand bag had come off and strong wind had blown it into our car.

I documented the damage and got a quote for repair, then submitted my claim to the local council (Bridgend). They have now come back 3 weeks later stating: 'The council is not responsible for this incident, the works concerned were being carried out by developers. We would therefore suggest you redirect your claim to......etc'

My gut reaction is that we pay council tax, parked on a road which is managed by the council, and our car has been damaged by roadworks which I assume they are subcontracting.
I feel my issue lies with the council, not the subcontractor, and that they are trying to squirm out of it. I dont care who subcontracts for them, they manage the roads, and I pay council tax for this, am I right? (ie my contract lies with the council).

It crossed my mind to contact a solicitor, but thought I would poll you guys first, and also anyone know of a solicitor that specialises in dealing with these sort of council/road/traffic legal matters?
(Admiral Law is the only one I know of).

Any advice on where to begin would be welcomed by you wise old souls :D
I need to stick it to the man!

Ger
 
I would start by writing to the people they said you should talk to and see what they say.

MC
 
As above. Send them a copy of the council's letter to show your audit trail. Best of luck.
 
Thanks both.
I guess I will do that then :)

Watch this space! (for about 6 months I recon!)

Ger
 
I would agree with the above comments as a first port of call but i would have thought that ultimatly the council is responable as it has sub contracted the work out and it should chase any claim against its contractors and not you .
 
Re: Wifes car damaged by temp. road sign - council doesnt ca

gerlewis said:
sand bag had come off and strong wind had blown it into our car.

Not sure that the council or the contractor can be held responsible for the wind! Although it wasn't successful it seems that an attempt to secure the item had been made with the placement of the sandbag. It's probably not what you want to hear but sometimes things happen without anyone being to blame. The lawyer you contact to act for you will probably disagree with that statement, for obvious reasons. :bandit:

I can understand your frustration at having to bear the cost (or the Insurance excess) for something that wasn't your fault either so it's worth a letter to the contractor to see what they say but I wouldn't build your hopes up if I were you. Good luck though.
 
My first port of call would be the free advice from the local Citizens Advice Bureau!

*
*
Del.
 
Thanks both.
I have emailed the contractor.

I will give him 10 days, then follow up with a posted letter.

I will ring citizens advice around that time too, good idea.

Ger
 
Just get the car fixed and don't tell your Insurance company about the accident.

No doubt all Insurance companies for other parties will claim force majeure if wind is involved.

If your Insurance gets wind you've claimed against someone, they're likely to put you renewal up.
 
Hi

The council is liable. They have a contract with the contractor who was doing the work.

My brother was walking on a pavement near his home. Some workmen had dug a hole and didn't leave adequate signage etc, he fell into the hole and damaged his ankle and was paid x amount, after a year.

He too was told to contact the contractor etc. It's a usual excuse used to fob people off.

You may want to contact a solicitor. If you have home Insurance, this will include free legal advice. They will advice you. The only problem is whether you can prove they are at fault. If you can - happy days.

Good luck
 
alex yates said:
No doubt all Insurance companies for other parties will claim force majeure if wind is involved.
.

Legal liability in tort (negligence) or breach of statutory duty (irrelevant in circumstance).

The negligence needs to be proven.
 
Perhaps the sand bag was inadequate (or not secured properly) considering the weather fore-cast.
 
alex yates said:
Just get the car fixed and don't tell your Insurance company about the accident.

:agree:

Even no fault claims will impact your premiums for next 5 years so best just repair it yourself and blame your wife for bad parking.
 

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