Reversed into a boulder - who's liable

Astaroth

As others have said, a static object is there to be seen and avoided. If you are unable to see for what ever reason then it also levies the fact that you are driving inappropriately for the conditions.

There is a fairly funny case which many insurers use in their liability training packages which was a person who was driving up a road and hit a lamp post. The difference with this case was the lamp post was 3' into the road. The pavement had been narrowed by council work men but as the job sheet hadnt said anything about remove/ moving a lamp post they just left it there now in the middle of the road.

Even though the driver stated he was only driving at 15 mph he was found 80% responsible for the damage to his vehicle and the lamp post - the council was held 20% liable as they have a greater duty of care than a lay person or "normal" builder etc

Idiophreak

I'm sure I could find plenty of things to drive into if I thought I could claim against the people who put them there...

James240

im sure he should claim off the boulders insurance :think: arent boulders meant to have full comp insurance? :think: :rotfl: :rotfl: What next? boyracer boulder? :rotfl:

lilac_lady

The same thing happened to my sister. She had to claim on her insurance. It didn't occur to her to blame someone else for her mistake.

saintjanet

I usually hate to insult anyone who is looking for help but i have to say this is one of the daftest postings i have ever seen!!

Reminds me of the insurance claim when the guy drove into the wrong driveway and collided with a tree that he did not have!!

blindman

This ridiculous attempt to blame others for ones own inadequacies is similar to the Stella awards, most of which are urban legends, but apparently these stories are true.

Make your own mind up.

Could be that the OP will make it to earn Another similar award.

Steve_xx

blindman wrote:

This ridiculous attempt to blame others for ones own inadequacies is similar to the Stella awards, most of which are urban legends, but apparently these stories are true.

Make your own mind up.

Could be that the OP will make it to earn Another similar award.

The OP has not attempted to blame anyone for inadequacy. The OP has simply asked for opinion and advice on here. That's okay and reasonable to do, is it not?

blindman

Steve_xx you're 'aving a larf' surely

I revered into a boulder situated on a grass verge
The boulder was about a foot in height and had been placed on top of the curb so I could not see it
I suspect they put it there to stop people parking on the grass

I really don’t think they should be allowed to do this and I doubt I’m the first person this has happened to

Am I liable when somebody puts an obstruction in place that is not clearly visible?

Idiophreak

Steve_xx wrote:

The OP has not attempted to blame anyone for inadequacy.

He says:

normcol wrote:

Problem is, due to the awkwardness of how people were packed

Seems to me he's trying to blame the layout of the carpark for him drinving into a great big rock, or worse the people who were parked in it.

normcol wrote:

The boulder was about a foot in height and had been placed on top of the curb so I could not see it

Again, he's trying to blame the people who were foolish enough to put the boulder on the kirb (apparently if they'd have dumped it in the middle of the road he'd have been able to see it...?

normcol wrote:

I really don’t think they should be allowed to do this

If that isn't suggesting that they're "inadequate" or whatever, I don't know what is...

normcol wrote:

Am I liable when somebody puts an obstruction in place that is not clearly visible?

Again, he tries to blame them for not painting the boulder bright orange and putting a light on top of it.

So how can you say he's not attempting to blame anyone?
About the only person he hasn't tried to blame is himself.

bbruce

Boulders are not to be revered!