Driveway removed, car in a hole - my fault?

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  • Car_54
    Car_54 Posts: 8,215 Forumite
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    deaston wrote: »
    How do you define "do it blind"?

    How about "It was dark, raining and I just didn't notice"?
  • Richard53
    Richard53 Posts: 3,173 Forumite
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    deaston wrote: »
    This was my personal feeling. Although it is private land, it is accessible from a public highway without the need to open any gates, pass any signs etc. My gut feeling is that the homeowner would be responsible should I have damaged my car as he didn't warn that works were in progress, and would not have won should he have pursued me for any damage to his property.
    From the pictures, the hole appears to be next to the pavement. Forget about vehicles and reversing for a minute - if you had been a pedestrian who had tripped and fallen into the hole and broken an ankle I would think you would have had a strong case against the landowner (obvious hazard, public access, no warning signage or barrier, etc). I don't know in law how your being in a vehicle makes a difference, but I certainly think the landowner is liable to some extent.
    If someone is nice to you but rude to the waiter, they are not a nice person.
  • deaston
    deaston Posts: 477 Forumite
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    AndyMc..... wrote: »
    Well the holes been there for sometime, has the penny dropped yet?

    Are you suggesting that because the hole has been there for a long time it's easier to see? I really don't get what you're on about.

    I reversed in the same way I always do - checking as I passed and then using my mirrors and looking out the back as I reversed. I really don't know what you mean by "doing it blind".
  • facade
    facade Posts: 7,031 Forumite
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    He means that you formed an impression of the terrain and your surroundings from the driving seat, and when it didn't match what you assumed, you came a cropper, rather than actually getting out and walking it.
    (Overkill for a quick turnaround I agree, so you were unlucky, move on)
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    Report to your insurers with the pictures you have taken and move on with your life.
  • GDB2222
    GDB2222 Posts: 24,673 Forumite
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    deaston wrote: »
    Are you suggesting that because the hole has been there for a long time it's easier to see? I really don't get what you're on about.

    I reversed in the same way I always do - checking as I passed and then using my mirrors and looking out the back as I reversed. I really don't know what you mean by "doing it blind".

    You really need to stop replying to every wind-up merchant on this thread! :)
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Strider590
    Strider590 Posts: 11,874 Forumite
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    I have to say, that hole would be almost impossible to see on a dark night with no street lighting, looking to the rear of the vehicle, seeing a gate ANYONE would assume there was a drive there, even a reversing camera wouldn't have made the drop obvious, not at night with IR vision.
    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

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  • DoaM
    DoaM Posts: 11,863 Forumite
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    Not read the whole thread ...

    OP trespassed on someone's land and their car "fell" into a hole on that land ... does that sum it up?
  • shopbot
    shopbot Posts: 1,022 Forumite
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    Not legally qualified opinion but here goes..

    I'm not sure the argument about trespass and 'it's his land and he can do what he likes would hold in court'. In the same way that homeowners can't set burglar traps and argue 'if he hadn't been there, he wouldn't have been hurt'.
  • Richard53
    Richard53 Posts: 3,173 Forumite
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    DoaM wrote: »
    Not read the whole thread ...

    OP trespassed on someone's land and their car "fell" into a hole on that land ... does that sum it up?
    If you had read the whole thread, you wouldn't need to ask ...


    And, to save you the small effort involved, no.
    If someone is nice to you but rude to the waiter, they are not a nice person.
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