Local authority damaged my car now their insurance wont pay out?

Crazy_Jamie

dacouch wrote: »

So having read Jamie's post, it would appear that the best bet is to get gain evidence and write to Zurich and as Pedro suggested local council / MP so they know you mean business and will not go away. They are then more likely to pay your claim rather than go to the cost and time of defending it

The only issue with this is that there are a lot of uncertainties. Insurance companies have a habit of being resistant to even small claims, and even if/when it is outsourced if it goes to a solicitor who is principled rather than realistic (or who only cares about their own fees and not their client) then you could still be in for a fight. These cases should be settled unless they are clearly frivolous due to the economics of the situation. But that doesn't mean that they always will be.

In terms of practical advice as to what to obtain, video evidence relating as to the habits of the workmen as regards inspection could well be useful. Make sure you keep a note of the exact conversation with the workmen that you had as well (time erodes memory even for the best of us). As well as requesting written proof of inspection from the Council, you may also want to ask for details of any similar accidents in the past 12 months. The workman said that this happens 'all the time'. Extra details in relation to that could well help your case.

One final thing that you may want to consider is how much time you may need to put into this. I'm not trying to encourage you to back down, but depending on how much this repair bill was for and how much your time is worth ordinarily, it simply may not be worth your time to pursue this. Certainly you will have to put in some degree of effort to have a chance of getting anything out of the Council. Just something to consider.

dacouch

Please read my previous posts.

The UK law accepts that it is impossible to elemenate all risks so expects people to take "Reasonable" steps to prevent a claim. It is not feasible to remove every single stone so they would expect a thorough check to be made, if they have made a thorough check they the Law would regard it as an accident that could not have "reasonably" avoided so the council would not be liable.

There are no doubt other precautions the council have identidied they have to take into account / do so I assume the strimmers have stone guards. It is probably not practical for the council to close a road and give advance notice for people to move their cars (Again this goes back to taking reasonable precautions which would take into account what is practical)

welshmoneylover

Unbelievable, I always thought if some one damaged someone else's property, that person had a right to damages?

Trust_2

Do you have legal cover on your car insurance, if so use it, most people tick the box,

If you have pass the hastle onto them,

Presume you took names of the people at the time, did you take pictures etc? and make sure you keep to hand a copy of the Zurich letter, were you told to get the window replaced by the 'Boss', what exactly did he say?

I presume this time of year this is a common event and a certain quantity of claims fall at the first hurdle,

I was driving past a line of guys strimming the other day, there is no way on earth anyone was checking ahead, not to tar them all with the same brush.

geri1965_2

welshmoneylover wrote: »

Unbelievable, I always thought if some one damaged someone else's property, that person had a right to damages?

No. It's already been explained very well by dacouch, if you would care to read the whole thread (or even just the post above yours).

crphillips

I think the issue here is one of morality and not legality.....fair enough....legally they may have done enough to stop you from winning a claim against them.

Morally......we pay the council a bloody fortune for what? Council workers have cracking holidays, pensions.......most make their holday up with sick leave.........the council should simply say....yeah we damaged you car....sorry........here's £100.

I do many risk assesments for the two companies we own but if i drop a tin of paint on someones carpet i have to pay for it......i could say 'i sheeted up the floor as far as is practicable but the paint has gone through the sheets, i did as much as i could....sorry.....that'll be £20,000 for painting your house please?' Yeah right.

I think the point 'is a strimmer the correct toold for cutting a verge' is probably a good one. You could possibly get them on that.

Failing that involve press, watchdog.....local parish magasine......involve the locals....they won't like that.

sporty1

thanks for the replys so far, i have wrote to my local MP ( lets see if i even get a reply?), yesterday i saw the guys parked up in a council van a little further down the road when i was walking back from the shop. and he casually said "alright mate how you doing", my reply was not very happy as your department have said they are not negligance, he was very shocked his face dropped and he said " how can they do that i have already admitted and apologised for the incident again,
anyway i shall let you know how i get on when i get a reply "if i get one from the MP
THANKS mark

sporty1

pedro123456 wrote: »

Sporty,

You have just witnessed the Insurance Company limbo dancing under a grass snakes belly, it is disgusting how they are allowed to try and get away without settling your obvious claim, again it’s a case of their greed outweighing their moral, ethical commitments, the fact that they will have got it sown up legally shouldn’t affect them doing what is morally/ethically correct.

So what to do?,

1- Write a letter to the Council Insurance department, and inform them that the Council Employees were responsible for the damage to your car, and you are holding them the council responsible. Photocopy the letter from Zurich and send them a copy.

If their insurance company want to find a loophole to avoid paying them, then that’s their problem not yours, inform the council you are claiming off THEM not their insurance as this is their job.

2- Write a letter to your local MP, photocopy Zurich letter, and council letter.

3- As dacouch says, observe for the workmen “actually” checking for stones prior to cutting grass (although they probably will outside your house for a while), ask neighbours to do the same, make no mention of it to the council at this stage, save this till later. Ask them to documents Dates/times, how quick they start work after arriving at job, if/how they are noted to check for stones/hazards before stimming etc

4- Consider legal advice, a free short consultation with a local solicitor maybe?
Is a strimmer the right tool for a grass verge, isn’t a strimmer for long grass or of limited use, is it negligent if say the grass verge is large enough for a mower?

Anyway letter to council/MP first and let us know what they have to say. And we will take it from there

Hi i wrote to all the aove and not one of them have relied how ignorant can the local MP be , as well as the insurance and the council, it's a disgrace that they can get away with it...
thanks

MUMMYTO2BOYS

My partner's a Council gardener and his risk assessment for strimming states that you must strim AWAY from houses, cars etc wherever possible. If they were strimming facing your car and they could have faced the other way then this might be something to use against them. Also a visual check for stones in long grass is only a very basic measure, short of raking out before starting the checks are not adequate for the task.

Techno

Morally......we pay the council a bloody fortune for what?

cutting the grass emptying the bins, housing people, educating your children, caring for the elderly and vulnerable, providing leisure centres, inspecting businesses so you don't all die of food poisoning, maintaining footpaths, sweeping the roads, managing elections, killing rats, removing wasps nests, fining you for parking and smoking illegally :-), providing benefits for housing and council tax, providing bus passes and blue badges, gritting the roads, looking after children when their parents can't (or won't), supporting people with disabilities to live normal lives in the community instead of bunging them in a home, providing play parks, libraries, museums, public toilets to name but a few!!!

Failing that involve press, watchdog.....local parish magasine......involve the locals....they won't like that.[/QUOTE]
Councils get so much bad press they really don't take as much notice as people think when you write to the papers now nice letters .....

.........the council should simply say....yeah we damaged you car....sorry........here's £100.
Yup - I agree - unfortunately some people used to make a nice living out of claiming from councils because they used to give in so easily so they've toughened up so people like the OP with (morally) a genuine claim lose out. I agree with the other posters - be a pain in their .... and also find out who your local elected member is and get them to intervene for you - that can often work. Good luck