Strimmer smashed Sunroof, who pays?

thescouselander

Quentin wrote: »

No. (The £75 is the amount the OP says is his excess that he would be pursuing the nursery owner for, so which £75 are you wrongly on about?)

The claimant pays the court fees (issue + hearing) up front. That would be £50 for MCOL.

If the case is subsequently won, then the defendant gets this added to the amount owing.

The winner is also entitled to both expenses for attending the court and loss of earnings, and these are paid by the loser.

Ok, yes there is the potential for the loser to have to pay some costs but its not the same as other sorts of cvil cases where legal fees can reach exorbitant levels.

loobyloo2

Quentin wrote: »

No. (The £75 is the amount the OP says is hisHER excess that heSHE would be pursuing the nursery owner for, so which £75 are you wrongly on about?)

The claimant pays the court fees (issue + hearing) up front. That would be £50 for MCOL.

If the case is subsequently won, then the defendant gets this added to the amount owing.

The winner is also entitled to both expenses for attending the court and loss of earnings, and these are paid by the loser.

Ha ha, I may have had a bang on the head, but definately not a sex change.

:rotfl:

loobyloo2

neilmcl wrote: »

It's a shame you didn't make this clearer a bit earlier on.

OMG I don't understand why you feel the need to work out if it is or is not possible for my sunroof to smash with something thrown up by the strimmer. The circumstances at the time indicate to me(and that is the point) that this was the most probable as absolutely no other people, vehicles, aeroplanes, or constipated birds overhead!
I wanted to find out if my insurance would cover it and if not, who pays! That has now been resolved.
I could have said I saw a stone, or heard a bang before it smashed or found the offending object in my car, but NO, i told it as it was. I don't feel the need to lie or make up stories, just asking for help to find out how to proceed, which I recieved!!!
If i need a scientist, my nephew is a Doctor of Physics, he could explain it quite easily IF i asked! And, as he works in Japan and gets sent often to the UK to give lectures, he could even bring a new glass panel for me were I not fortunate enough to be able to source one from here.

Mary_Hartnell

Pew_Pew_Pew_Lasers! wrote: »

If the nursery employed her to strim the grass, then your complaint is with the nursery, not the person doing the strimming.

Could have been a self employed sub contractor trading as "strimming-is-us".

I often think that the public highway is unfairly stacked against relatively poor people.

My sister was involved in an accident in her old banger with a brand new BMW. Basically she kissed wing mirrors with the BMW coming the other way.
Her damage 35 quid fitted at a scrap yard.
His damage ££££.

I helped her write a FO letter and I am pleased to report that Mr BMW and his insurance company obviously gritted their teeth and decided it was knock for knock.

It could be argued in this case that a stone was flicked into the air and then a speeding motorist drove into it at 40 - 50 - 60 -70 .......MPH.?

Courts are funny places. A friend if mine - a bit of a doddery driver - pulled out in front of a speeding motorist and accelerated away, blissfully unaware of the resulting 3 car pile up as the speeding motorist wrote off his own and two parked cars. (Well I was not there nor was the judge nor were any independent witnesses.)
Verdict: The car that pulled out was 25% responsible for the carnage.

roddydogs

Mary_Hartnell wrote: »

Could have been a self employed sub contractor trading as "strimming-is-us".

I often think that the public highway is unfairly stacked against relatively poor people.

My sister was involved in an accident in her old banger with a brand new BMW. Basically she kissed wing mirrors with the BMW coming the other way.
Her damage 35 quid fitted at a scrap yard.
His damage ££££.

I helped her write a FO letter and I am pleased to report that Mr BMW and his insurance company obviously gritted their teeth and decided it was knock for knock.

It could be argued in this case that a stone was flicked into the air and then a speeding motorist drove into it at 40 - 50 - 60 -70 .......MPH.?

Courts are funny places. A friend if mine - a bit of a doddery driver - pulled out in front of a speeding motorist and accelerated away, blissfully unaware of the resulting 3 car pile up as the speeding motorist wrote off his own and two parked cars. (Well I was not there nor was the judge nor were any independent witnesses.)
Verdict: The car that pulled out was 25% responsible for the carnage.

How did they catch him/her after they drove off?

cyclonebri1

loobyloo2 wrote: »

Good Afternoon everyone, just finished cleaning out the car ready for the engineer to come and decide if it is worth repairing, quite sure this won't be a problem though.
I will pursue the nursery regardless of wether or not I can prove that an object thrown up from the strimmer smashed the sunroof.
Hopefully the local council will play a role in this, will be in a better position to speak about this next week.
On cleaning out the car, apart from a tonne of glass, i found plenty of old chips, drinks bottles, dog toys, chocolate wrappers and even a bra!!!! Plenty of bits of gravel and stones, but could well of been brought in on trainers or the dogs feet!
Oh, for those who want to work out the unlikliness of this happening, the sunroof is the front one, not the motorised sliding one, it pops up on hinges more like a vent, about 4 inches, and it had been open for days, so does that improve the chance of it happening???
Really, there have been some great people giving great advice on here and I really do thank them for it, but the doubters don't really have to escalate this into something else.
On searching the internet, I also found another victim of Tesco not paying out for their sunroof just a couple of months ago, once my engineer has been round and all is under way, I will get in touch with them and hopefully they will be able to take it up with the underwriters and get their money back.
Lets all go now and enjoy the glorious sunshine, seems a smashed sunroof on a day like today is a bonus;)

I hope for your blokes sake it was yours

neilmcl

loobyloo2 wrote: »

OMG I don't understand why you feel the need to work out if it is or is not possible for my sunroof to smash with something thrown up by the strimmer.

The issue wasn't about whether you'd get the insurance to pay or not, it was about you saying that the nursery or the person using the strimer was liable, myself and few others were simply stating that it would be difficult to prove their liability given that according to your eariler posts it sounded nigh on impossible for them to be the cause, thats all.

Quentin

You seem to have discounted the possibility that the glass shattered as a result of an earlier chip (which you were unaware was there) or small boys chucking a stone at your car from a hiding place etc etc. Your fixation with the strimmer, and determination to pursue the nursery owner does seem based on unproveable circumstantial evidence.

Ukuser

Or maybe it wasnt a stone at all - maybe it was resonant frequency???

nigem

I had a Peugeot 205 with a tilting sunroof, parked on my drive and overnight the glass shattered. Managed to get a scrap dealers replacement cheaply. They said that it wasnt uncommon for them to shatter by themselves. There werent any stones inside the car, just lots of glass.
It may be very difficult to prove that anything was responsible if it went to court.