Car Damage sustained on Private Road

Resw1945

I was driving on a private road, not visiting a resident when I slowed to allow a car to come the other way up the hill, I was going at about walking pace down.

I pulled on to the verge at the side of the road to allow the car to pass (it was snow covered) and my car hid some rocks hidden under the snow, put there by the householder to stop cars parking on his bit of verge. The sill of my car was damaged.

Can any one help whether the house holder is liable, or will I have to bear the cost myself

Thanks in advance

mcjordi

No i would say you will have to foot the bill..

Dangermac

Resw1945 wrote: »

I was driving on a private road, not visiting a resident when I slowed to allow a car to come the other way up the hill, I was going at about walking pace down.

I pulled on to the verge at the side of the road to allow the car to pass (it was snow covered) and my car hid some rocks hidden under the snow, put there by the householder to stop cars parking on his bit of verge. The sill of my car was damaged.

Can any one help whether the house holder is liable, or will I have to bear the cost myself

Thanks in advance

Legally, you may have a claim if you can prove that there was a hidden danger.

There are various acts of parliament which may back up a claim against the householder.

Best you take advice - do you have legal expenses cover under your motor policy?

DM

lisyloo

put there by the householder to stop cars parking on his bit of verge.

Is this legally his private land that you have no access over, or do you have a right of access overr it?

I would say this would have a direct bearing on your case.
It's not clear from your post.

I've had shared driveways before and it's stipulated in the deeds who has access where, so you either are entitled to access or you aren't.

Resw1945

Thanks lisyloo

On the question is it legally his land, he did claim that the verge was his property, his boundary being the edge of the road, I don't have any means of verifying this though

lisyloo

I don't have any means of verifying this though

People do have some responsibility for safety on their own land and property but also drivers have a responsibility too.

I am not a lawyer, but if you drove into something on someone else's land then my guess is that you will have to foot the bill.

vikingaero

Transpose your scenario to the public road. At the moment I can't see kerbs and risk hitting them. So would the Council/Highways be liable? No.

mikey72

If by private road you mean one not adopted by the council, and maintained by the residents, it has no real difference to any other road. It's not owned by any one person, and can be, and usually is public right of way.
If however you drive down the verge, and it is someones property, they do have a duty of care, but you also are liable for damage. Depends on whether or not they have set a trap, or you could have been seen to be negligent. Rocks on peoples verges are common though.

lisyloo

It's not owned by any one person

I live on a private driveway that goes past 5 houses.
(It's indisinguishable from a road but in the contract it's called a private driveway).
Each of the 5 houses owns a part, so each bit is owned by one household.

My experience of this is that each bit is owned by someone, although access and maintenance may be shared.

olly300

mikey72 wrote: »

If by private road you mean one not adopted by the council, and maintained by the residents, it has no real difference to any other road. It's not owned by any one person, and can be, and usually is public right of way.

For what type of access though?

There are several private roads near me and while most allow vehicular access as they are dead ends, there is one that specifically has barriers at both ends of the road that are put down lots to prevent vehicles using it as a short cut.

That particular road has clear signs stating vehicles are not allowed. However if you are on foot, a push bike or a horse you are allowed access at all times.

Also a few of the roads that are dead ends have signs that they will send clampers out for unauthorised vehicles that park there.