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Car crash advice needed.

I had an accident this evening on the way to my gym.

The gym is based in one of these large private housing developments that has a management company, the whole nine yards. All very fancy.

Anyway, before the gym there is a sharpish turn into the road which is preceeded by mere meters by a severe road hump. Now, even in good conditions, the turn isn't too nice. However, in the ice this evening (15 or so mph), the car kind jolted after the road hump, lost grip and failed to turn, the result of which it carried straight on into some rather expensive heavy gates owned by a small collection of houses.

Obviously I stopped and waited for one of the gentlemen in the house who got my details. He told me that the gates were owned by the people in the houses and he would pass it onto the management company for the site.

Now here's the thing. It was a low speed crash and the gates took all of the impact. I was taking great care on the road, given my low driving speed. The only damage to my car is slight distortion of the bumper and it will need a new license plate, fairly superficial (though I will have to check more in the morning when it is light).

However, given that the private management company has never made any effort to grit that road at any point during this bout of severe weather and despite its obvious usage by residents and other gym users, given that it's dimly lit and the surrounding roads are essentially ice rinks, where do I stand? I'm not trying to get one over on anyone or anything, I'm not trying to claim for spurilous whiplash injuries or anything, but at the end of the day it just seems rather negligent that there was no effort to grit or make any provision for the icy conditions. Even the gentleman from the house mentioned it was "treacherous".

Surely as this is private property and that they have failed to look after the roads correctly, they're at least in some way liable?
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Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    SLITHER99 wrote: »
    However, given that the private management company has never made any effort to grit that road at any point during this bout of severe weather and despite its obvious usage by residents and other gym users, given that it's dimly lit and the surrounding roads are essentially ice rinks, where do I stand? I'm not trying to get one over on anyone or anything, I'm not trying to claim for spurilous whiplash injuries or anything, but at the end of the day it just seems rather negligent that there was no effort to grit or make any provision for the icy conditions. Even the gentleman from the house mentioned it was "treacherous".

    Surely as this is private property and that they have failed to look after the roads correctly, they're at least in some way liable?
    Simple, as the car driver you are 100% responsible for driving to the prevailing conditions.
  • SLITHER99
    SLITHER99 Posts: 374 Forumite
    I do seem to remember pointing out I wasn't trying to get one over on anyone, that I had perfectly adequate insurance and mainly to what the law pertains to with private site management companies, public road users and their liability to ensure safe passage to their amenities that I obviously pay to use!

    As you clearly have no idea yourself and for whatever reasons fancy flexing your holier than thou attitude with your vitriolic and frankly condescending post, thanks for your time but next time cram it! I hope it made you feel better! And I hope when something happens to you and you need advice, some condescending idiot just like you is standing right there to tell you that you deserved it!

    Good evening!
  • kataklysm
    kataklysm Posts: 196 Forumite
    Debt-free and Proud!
    ROFL

    :money:
  • waynedance
    waynedance Posts: 673 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Just let the insurance sort it out unless it works out cheaper to pay for the damage to the gates and only make journeys if necessary.

    Good luck.
    Google gives you answers use it.........
  • SLITHER99
    SLITHER99 Posts: 374 Forumite
    edited 6 January 2010 at 8:51PM
    Well this is the point. The damage to my car is zilch. A number plate is needed and there's minor scuffing on the bumper which, given the car's age, I don't really care about. It won't give me sleepless nights.

    The gates are damaged though and will need to be done. My thinking was that surely as they haven't made an effort to grit, maintain the road surface or any such like for residents or paying gym members...

    But yep, will call the insurance tomorrow and let them take care.
  • mealeys
    mealeys Posts: 193 Forumite
    SLITHER99 wrote: »
    I do seem to remember pointing out I wasn't trying to get one over on anyone, that I had perfectly adequate insurance and mainly to what the law pertains to with private site management companies, public road users and their liability to ensure safe passage to their amenities that I obviously pay to use!

    As you clearly have no idea yourself and for whatever reasons fancy flexing your holier than thou attitude with your vitriolic and frankly condescending post, thanks for your time but next time cram it! I hope it made you feel better! And I hope when something happens to you and you need advice, some condescending idiot just like you is standing right there to tell you that you deserved it!

    Good evening!

    I agree, you're quite entitled to ask for advice, there's no need for other people to jump on you! Hope you can get this sorted without too much expense, its hardly that you've done this deliberately!
  • gsmmad
    gsmmad Posts: 416 Forumite
    Mate just hope they dont claim, just wait and see. If you feel that they will claim then evaluate can you take a hit on your insurance? Or would it be cheaper to pay out of your own pocket for the repairs. Now this will all depend on how much your current premium are and NCD and so on.

    IF it was me as i am not claiming i would just wait and see. However make sure you get your car checked out just in case the damage is a little worse than you think.
  • Mankysteve
    Mankysteve Posts: 4,257 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Talk to your insurance and let them deal with the legalities, that what there for.
  • waynedance
    waynedance Posts: 673 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Not being funny but there are miles of untreated council run roads, If you came of one of these roads and had an accident wound the council be liable?
    Google gives you answers use it.........
  • ukjoel
    ukjoel Posts: 1,468 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I was under the impression the councils spent considerable amounts of money paying for cars damaged by potholes and for people falling over wonky pavements.

    Just curious that as its in a car the OP is at fault but if he slipped in the gym car park as it hadnt been gritted and there were no warning signs that would be a call to claims direct?

    Think OP question is fair and harsh to jump on him for asking a question.
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