Damaged car by grass trimmer

keigcf

Hi,
I drove pass the grass verge cutters the other day and something was flung up and hit my car smashing the grill and cracking the bumper. I have been on to their insurance and the response is as they take all reasonable care in checking for stones before mowing they are not liable so will not pay. I phoned our insurance company today as was advised not to pursue as he wasn't sure what our outcome would be as they did not accept liability. Surely this can not be right where I did nothing wrong at all:(

TSx

Unfortunately, unless they were negligent, then they would not be liable and you would need to claim through your own insurance.

keigcf

So then do I have to pay the excess? or risk losing my no claims bonus?
Thank you for any advice

kev225

keigcf wrote: »

as they take all reasonable care in checking for stones before mowing they are not liable so will not pay.

What a ludicrous stance for them to take.

I take reasonable care when driving, am I therefore not liable if I hit someone? Of course not.

In any car damage situation it's important to get as much evidence as possible. Take pictures immediately, preferably of both your car and the thing that caused damage. I'd also use my phone to record them admitting what happened (secretly). Too many times do people simply avoid doing the right thing but when presented with a recording will be far more reasonable.

Also, try any angle to get the authorities involved, a police presence, however pointless from their point of view, is likely to add impetus to your case.

kev225

TSx wrote: »

Unfortunately, unless they were negligent...

Something flew up, they obviously didn't do their 'checks' thoroughly enough.

keigcf

The person who did it had told my husband " I've just hit your car" before I got home to tell him, so he is not denying anything.

Quentin

keigcf wrote: »

So then do I have to pay the excess? or risk losing my no claims bonus?
Thank you for any advice

Yes to both (paying excess and losing NCD).

So find out how much it will cost to pay for repairs yourself before progressing any claim with your insurer, and compare that with the pverall cost of a claim (excess + 3 more years to get back the lost NCD, plus increased premium for 3/5 years)

(Though now you have informed your insurer, then the incident will have to be disclosed to any new insurers you approach for quotes in the future irrespective of whether or not you do claim).

InsideInsurance

Just because you did nothing wrong doesnt automatically mean that someone else has either, unfortunately some things are pure bad luck.

To be able to claim off of the council/ contractors you would need to demonstrate they were negligent - ie they did something that a reasonable person wouldn't have done or they failed to do something that a reasonable person would have done.

I am not surprised your insurers don't intend to pursue the TP in the matter as it would almost certainly not be settled out of court and the cost of your insurers taking it to court would probably outweigh the cost of your claim and as a small track case the legal costs wouldn't be recoverable (where as you may self represent in a small claims court insurers always will use barristers)

If you ignore the cost element it is going to be pretty much a flip of a coin if the judge believes adequate precautions were taken -v- closing the road to do the cutting or not

NeverInDebt

I never seen once seen council or any subcontractor check grass verges to see if any stones are present, I cant honestly see why they would. That said I not sure council are at fault unless they knew or deliberately did it which would be very difficult to prove

lisyloo

What a ludicrous stance for them to take.

Actually it's the law - for most things.
Unless you are negligent then you aren't liable.
For example tiles fall off your roof in a freak storm - roof had been maintained - you are not liable.
Second example - you open a window when playing music, a horse rider round the corner is unseated - you are not liable.

I take reasonable care when driving, am I therefore not liable if I hit someone? Of course not.

You are right that it is indeed a different sitaution as soon as you sit behind then wheel. You take on additional responsibilities and liabilities when you get behind the wheel.

It's also differnt if you are a pilot, but we won't get into that - suffice to say - yes different situations are different.

But normally for most things you are not liable unless neligent.

Something flew up, they obviously didn't do their 'checks' thoroughly enough.

No necessarily.
Same as the two examples I gave with the roof tiles and the horse.
Just because something happened does not imply neligence.

The person who did it had told my husband " I've just hit your car" before I got home to tell him, so he is not denying anything.

They are not denying it happened. That doesn't make them liable for what happened.

As others have said - in practice your insurers are not going to sue the council because of the chances of winning (in doubt) and the costs.
You are going to have to fix it on your own insurance or bodge it or leave it.
A franchise like "chips away" may be able to do something if the damage is small, although we were not entirely 100% happy with their metallic paintwork. Depends on whether you want it 100% perfect or not and that generally depends on whether it's an old banger or a newish car.

pooch

keigcf wrote: »

Hi,
I drove pass the grass verge cutters the other day and something was flung up and hit my car smashing the grill and cracking the bumper. I have been on to their insurance and the response is as they take all reasonable care in checking for stones before mowing they are not liable so will not pay. I phoned our insurance company today as was advised not to pursue as he wasn't sure what our outcome would be as they did not accept liability. Surely this can not be right where I did nothing wrong at all:(

No that's not right at all.

Your insurance should keep on record details of the accident/claim.

If you've not coughed up for fully comp insurance, then you'll have to pursue the matter yourself. Perhaps you purchased legal protection cover (not necessarily connected to your car. Your house perhaps?) who may offer assistence.

If you have fully comprehensive insurance, then your insurance should settle your claim ... it's what you pay your premiums for!

Contact the FOS if you get no where further with your insurance company.