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"To Let" sign fell and scratched my car - can I get compensation?

redpanda_2
redpanda_2 Posts: 2 Newbie
edited 16 November 2010 at 2:29PM in House buying, renting & selling
Hi everyone,

I've read quite a bit on here but this is the first time I've posted.

I came home the other day to find the "To Let" sign in my front garden blown down and lying just in front of my my car. In the morning I could see about a 25-30cm scratch running across two panels at the front of my car, clearly where the sign had falled and scraped down the car before coming to rest in the position I had found it in. I have photos of the sign next to the car and the scratch but no concrete proof that this is what scratched my car (I am certain that it is - it's less than one year old and I take incredibly good care of it, I have never had any kind of bump or scrape and I often check for scratches so I know this one is new).

In my opinion the estate agent in question should pay to have this fixed - their shoddy sign damaged my property. But I've had real issues with them before (they are the type that will do anything not to pay out or be helpful or really do the job that you pay them for), so I'm sure I'll have a battle on my hands. Does anyone know of any similar cases that I could have up my sleeve? Does anyone know what my legal rights are in this case?

Any help would be really appreciated!
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Comments

  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    More than likely the EA sub-contracts signs to a contractor, who should have public liability insurance for such an event.

    He claims under his insurance, insurance co pays you, etc etc

    Your car insurance may cover the cost of making the claim; check your policy.
  • N79
    N79 Posts: 2,615 Forumite
    You can only claim if the sign erector was negligent and did not erect the sign to normal standards. If a very violent storm blew over a well erected sign (and I understand from the news that the UK has had very violent storms recently) then that is an act of God and so you will need to make good your loses (either by claiming on a full comprehensive policy / footing the bill).

    It is the same situation when tiles blow of a roof. The roof owner is only liable if they have been negligent (eg failed to keep the roof in a good state of repair).
  • N79
    N79 Posts: 2,615 Forumite
    googler wrote: »
    More than likely the EA sub-contracts signs to a contractor, who should have public liability insurance for such an event.

    He claims under his insurance, insurance co pays you, etc etc

    Your car insurance may cover the cost of making the claim; check your policy.

    Sign erector liability insurance will only pay if the sign erector has a liability through negligence.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    T-cut and some elbow grease ?
  • quantic
    quantic Posts: 1,024 Forumite
    Part of the Furniture Combo Breaker
    Bloody estate agents and their signs, I have had to take down the SOLD sign 3 times now, they keep coming back and putting it up. Cheeky !!!!!.
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    quantic wrote: »
    Bloody estate agents and their signs, I have had to take down the SOLD sign 3 times now, they keep coming back and putting it up. Cheeky !!!!!.


    You leaving it on the ground when you take it down?

    email them and state if they do it again you're charging them a fixed fee of £100 and reporting them to the local trading standards and their regulator.
  • sonastin
    sonastin Posts: 3,210 Forumite
    quantic wrote: »
    Bloody estate agents and their signs, I have had to take down the SOLD sign 3 times now, they keep coming back and putting it up. Cheeky !!!!!.

    My OH offered to return the EAs sign by posting it through their letter box if they didn't want to come and collect it themselves. Disappeared from outside his house pretty sharpish after that conversation!
  • clutton wrote: »
    T-cut and some elbow grease ?

    It's a deeper scratch than that, it's gonna cause rust if it doesn't get repainted.

    I've spoken to the sign company and they're going to investigate today. It seemed like this kinda thing happens quite a lot and the impression I got was that once they'd had a look and checked that it was the sign that caused it, they would sort out the scratch. So I'm hopeful, but still a bit worried they might just turn round and say that the sign didn't cause it. Fingers crossed this will be simple, I'm moving house at the moment (obviousy - of there'd be no "to let" sign up!) so this stress is the last thing I need on top of everything.

    Thanks for your replies!
  • and their regulator

    EAs have no regulator.

    But there are planning rules that mean they are not allowed to have signs up for longer than 14 days after completing a transaction. So threaten to shop them to trading standards and planning and it gets signs removed ASAP. I've done it a few times.
  • quantic
    quantic Posts: 1,024 Forumite
    Part of the Furniture Combo Breaker
    poppysarah wrote: »
    You leaving it on the ground when you take it down?

    email them and state if they do it again you're charging them a fixed fee of £100 and reporting them to the local trading standards and their regulator.

    I actually put the sign in my back garden, which means they had to illegally access my property to retrieve it and put it back up.
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