Temporary diversion sign blown into my car - Can I claim using MCOL?

knobbly

Hi,

I have just signed up to this website, hoping to get advice on a problem I’ve recently experienced.

Sorry... it’s a long one......

On a very windy day in June I was driving to a garage to get my car MOT’d when a temporary diversion sign was blown into the side of my car, scraping 2 doors and the rear wheel arch.
I took several photos of the scene which clearly show that there were no sandbags holding down the diversion signs.

Thinking it was a Council sign, I contacted the local Council who sent one of their Highway Department people to check the site, the visit took place 5 days after my incident. The Highways dept. reported back to me that the diversion sign was the responsibility of the local water authority (Southern Water) the Highways guy took several photos which he kindly passed on to me, these also showed that there were no sandbags anchoring the diversion sign.

So I got onto Southern Water. After 4 weeks (took several nudges) they told me the diversion sign was the responsibility of one of their contractors ‘Morrison Utilities’.

So I got onto Morrison Utilities. Morrison Utilities wrote to me to stating that they don’t accept liability. They suggested that I contact my insurers to remedy the situation.

Well by this time...
(1) It is now past the 30 day limit my car insurers allow for incidents to be reported.
(2) I am irritated by Morrison Utilities response. It seems to me that this is their fault?

If I had contacted my insurers then they would undoubtedly increase the insurance premiums on my car, my wife’s car (I am named on the policy), and my motorcycle.

According to this government document it appears that the use of sandbags on temporary signage is mandatory:
practicalguidetostreetworks.pdf
(I can't post the link to it as I haven't made 10 posts yet - but it can be googled.)

If I get my car repaired (cost will be about £500) would I be able to claim this back using MCOL (Money Claim Online)?

Any suggestions and advice would be helpful please!

Quentin

Write to the contractor with a quote for the repair, asking them to pay all your costs (including hire car whilst the repair is carried out) as they were negligent.

Then if they ignore this, you can go down the LBA and MCOL route. But hopefully they will pass it on to their insurers to deal with.

Alternatively, make a claim off your insurance (explain the delay, they should be ok), and when they recover their costs you will be able to get back any excess and uninsured losses from the third party insurers without the expense and time involved with MCOL.

You do need to inform your insurer of the incident (and any others you approach for quotes in the future - they usually ask for any losses etc over the previous 3 to 5 years)