Badly resurfaced road + overtaking car = major stonechip damage

Lum

I am fuming right now.

Due to an unfortunate set of circumstances I had to lend my good car to my GF today (she got a nail in her tyre, can't get a new one until Tuesday and the spare car is on it's death bed, drinking 3x the correct amount of petrol, she has a very long commute, I have a very short commute).

When I say my good car, it's a 17 year old rare Japanese import and it was previously immaculate.

She's coming home on the A467 which was recently resurfaced on the cheap, by which I mean they have covered it in bitumen, sprayed blue stones everywhere and thought **** it, that'll do, lets just stick up a loose chippings sign, an advisory 10mph speed limit and go home early. It's been like this for a couple of days now and there isn't really any feasible alternative route.

So she's obeying this limit, not wanting to chip my sills or my underseal, and of course this isn't fast enough for the !!!!!! behind who overtakes. She couldn't even get his numperplate as the cloud of stones and dust was that thick, and now my car is covered in chips all down the right hand side and front bumper, there may also be a chip in the windscreen (last replacement windscreen took 6 months to obtain)

My thought is that whoever resurfaced that road was negligent in using that method, normally reserved for small housing estate cul-de-sacs on a major route that sees heavy traffic.

Anyone know if I can claim. I'm not yet sure if the car needs a respray or if I can get away with paying one of those "detailing" guys to strip down the clearcoat and replace it.

Rolandtheroadie

Rightly or wrongly, the company carrying out the resurfacing done their job. How can they be held negligent?
I'd think you would have to claim against the guy who was speeding and caused the damage. You have no way of identifying them so I cant see any solution but to claim on your own insurance.

Kilty_2

Lol - they put that surface on the A75 between Dumfries and Stranraer (or at least bits of it) which is full of HGVs all day heading to and from the ferry port in Stranraer - if it's good enough for that road I don't think you can complain :rotfl:

Granted it is a horrible surface and they shouldn't use it.

The only claim you'd have is against the dangerous driver.

Lum

edit: ^^^^ The HGVs most likely mean it gets bedded in a lot better. This road is mostly commuter traffic as it links a number of Valleys towns up to M4 J28, and thus to Cardiff and Newport.

He was not speeding, it was an advisory speed limit and thus has no legal force whatsoever, the standard limit (50mph) applies and he was, probably, within that limit. If they'd bothered to do the paperwork and set an actual enforcible speed limit then things might have been different.

If they'd done their job they would have left the road in a state that it is suitable to use normally, or put measures in place to ensure that people slow down. They did neither.

Kilty_2

A speed limit is not a target - overtaking a vehicle at excessive speed causing it to be sprayed by the loose road surface is at least careless driving.

Lum

Maybe, it's also worth noting that this was late at night and the loose chippings sign (of which there is only one in each direction) was unlit.

Kilty_2

Seriously doubt you've got a case however the lack of lighting may be your only hope and is the avenue you want to go down - any other claim about the road being left in an unsatisfactory condition etc is definitely going nowhere.

Lum

Guess I need to go talk to an ambulance chaser, sorry no win no fee lawyer then?

If it's fixable just with the detailing guy then I guess I'll just have to eat the cost (about £270) if it needs a respray it's going to have to be insurance. At least Direct Line have that thing where you don't lose NCB for uninsured or untraceable drivers.

Probably ought to report it to the police next, yes?

atrixblue.-MFR-.

sorry to hear this event. but as many has said the surface was laid, measures were taken to advise of speed but advisable speed is just that and does not superceed the existing limit! many people would wait behind a 10mph moving vehicle on a 50 mph road and would want to over take as soon as its safe to wouldnt you.

my advice is this is a rare vehicle and as such the paint etc will be rare also- i would seek out a classic car restoration company and ask opinions and quotes. and after its done i would have it scotchguarded (clear protection film) to minimize it happening again and protect from UV.

Lum

The paint isn't rare, it was used on other Nissans that were sold in the UK., it's mainly body panels that are hard to obtain.

Oh, just got some more info out of her. Shortly after this incident she caught up with a road sweeper that was trying to clear up the stones (and apparently not doing a very good job)

atrixblue.-MFR-.

Lum wrote: »

Guess I need to go talk to an ambulance chaser, sorry no win no fee lawyer then?

If it's fixable just with the detailing guy then I guess I'll just have to eat the cost (about £270) if it needs a respray it's going to have to be insurance. At least Direct Line have that thing where you don't lose NCB for uninsured or untraceable drivers.

Probably ought to report it to the police next, yes?

dont forget that going through insurers will increase the chance it may be written off (age, cost, vat, labour,rarrety etc) and your premium may increase i see no need to go to the police as you have no details of other driver! but just to get a log of the incedent and incedent number for insurance then maybe if the police are willing under these curcumstances.