We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Smashed driveway

2»

Comments

  • paddyrg
    paddyrg Posts: 13,543 Forumite
    Mistral001 wrote: »
    This is a good point, but the level of proof would have to be high for a conviction of a criminal offense I would imagine. Civil action would require a lesser level of proof.

    I can't see that there was any intentional damage, so the police won't be able to do a lot for you - entirely civil case, may end up with you going to small claims court to get things resolved. Then again, the manager might come down and make you an offer to settle out of court, if it's reasonable, take it for a simpler life.
  • Pitlanepiglet
    Pitlanepiglet Posts: 2,129 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    When you say there was previous damage to the other side of the drive, do you mean that the other side was sinking already? Sounds like a poor construction if it can't take the weight of a truck....I'd make a claim from the skip firms' insurance, I'd imagine they will be looking at betterment though if the drive wasn't in a great condition to start with
    Piglet

    Decluttering - 127/366

    Digital/emails/photo decluttering - 5432/2024
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Surely like any car accident there is no intent to cause damage, but you are expected to report incidents that cause injury or damage to property to the police within 24 hours or as soon as practically possible.

    And this motor vehicle as caused damage to your property... So intentionally or not, isn't this a reportable offence on his part otherwise can't be be done under the road traffic act???
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    arcon5 wrote: »
    And this motor vehicle as caused damage to your property... So intentionally or not, isn't this a reportable offence on his part otherwise can't be be done under the road traffic act???
    Does The Road Traffic Act extend to private driveways, or does it just cover highways (and maybe some other publicly accessible areas)?
  • TonyMMM
    TonyMMM Posts: 3,431 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 3 March 2013 at 5:31PM
    Whether this is an accident within the meaning of the Road Traffic Act is arguable, but makes no difference to your position. You know who caused the damage - they stopped and you spoke to them so know who they are. The police will not get involved at all, so don't waste their (and your time) trying to make them.

    Get an quote for the repair work for the damage they caused and send it to the company - they can choose to pay, or submit it to their insurance company to deal with.

    If they do neither -send a Letter before Action, giving them 7 days to pay up and then start a claim in court using the Small Claims procedure.

    As you have identified, your claim will hinge on what condition the drive was in before, what damage they caused, and what was already present.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    wealdroam wrote: »
    Does The Road Traffic Act extend to private driveways, or does it just cover highways (and maybe some other publicly accessible areas)?

    Ah, you could be right. Which would explain why the police wasn't interested.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.1K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245.1K Work, Benefits & Business
  • 600.8K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 258.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.