Damage from debris in road

john342

My mother was driving with her friend near a construction site where a large lorry filled with rubble was parked on the side of the road at the entrance to the construction site. There was a large rock in the middle of the side of the road she was on and was unable to avoid is due to oncoming traffic in the other lane. The rock clipped the front of the car, flew up and hit the underside of the car.

About 15 minutes later the engine starting making a rattling sound and the oil warning light came on. She pulled over and called her breakdown company. Whilst stopped a significant amount of oil pooled up under the car. It was towed to a garage where the initial assessment was the oil tank was damaged with possible engine damage.

I travelled to where the situation occurred and while the lorry and large rock was gone I was able to take some photos of a significant amount of smaller rubble in the road. Additionally I photographed 3 of the workmen sweeping further rubble from the construction site into the road. I also recorded a video of them actually sweeping rubble into the road.

Will she or her insurance company have a good claim against the construction company considering the witness in the car + photographic evidence I've gathered?

Edit: Local police has provided a crime reference number for the rubble in the road.

andygb

If you have some photos, then go for it, because the damage on your car will cost a lot to fix. I would imagine the sump has been damaged beyond repair, and quite possibly some components in the bottom part of the engine.
Hoefully you got details of the firm involved?
You also have a witness which should help.

BertTheRaccoon

I am doubtful the claim would succeed unless she said the rock fell from the lorry into her path and she was unable to avoid it.

Otherwise it is a case that some stonework/ rock big enough to put a hole in the sump of a car was sat in the middle of the road and presumably was visible on the approach, but she decided to drive over it and it damaged the sump on the car.

So expect "it was there to be seen" type defence/ dispute from the other side.

john342

andygb wrote: »

If you have some photos, then go for it, because the damage on your car will cost a lot to fix. I would imagine the sump has been damaged beyond repair, and quite possibly some components in the bottom part of the engine.
Hoefully you got details of the firm involved?
You also have a witness which should help.

Yes we have details. In fact in some of the photos include the construction company's large sign along with the debris in the road together in one shot.

BertTheRaccoon wrote: »

I am doubtful the claim would succeed unless she said the rock fell from the lorry into her path and she was unable to avoid it.

Otherwise it is a case that some stonework/ rock big enough to put a hole in the sump of a car was sat in the middle of the road and presumably was visible on the approach, but she decided to drive over it and it damaged the sump on the car.

So expect "it was there to be seen" type defence/ dispute from the other side.

She said by the time it was noticeable it was not possible to avoid due to oncoming traffic in the other lane (i.e if she swerved to avoid it then she'd crash into oncoming traffic). Apparently she directed the car to avoid driving her tires directly over it though.

WTFH

It's not just about swerving, but stopping. If you see an obstruction which you can't safely drive round, then stop until you can get round it.

cootuk

Shall I be the first and say that it could have been a small child?

tbh she can try a claim, but the company will probably say they take great diligence in keeping the road clear, as can be seen by them sweeping up smaller pieces.

If I hit a large item then I would stop immediately rather than keep driving, so they could argue she didn't mitigate her damage at the time.

Iceweasel

I can understand the anger and desire to claim damages but I have to say that any decent legal representative for the construction company will probably trash your mother's claim in a few sentences.

She failed to see an obstruction in the road.

For a rock to do damage to the car it would need to be 6" to 8" high so she should have seen it.

She chose to drive over it, not knowing the ground clearance of her car.

She was driving at such a speed that she was unable to stop.

She must have seen the truck and the workmen so she should have anticipated some disruption to traffic flow - and rubble, stones etc is a distinct possibility near construction sites.

A smart-!!! lawyer will make her seem incompetent, and /or driving without due care and attention.

Mr_Mink

I'd say insurance will give you partial blame at best. I very much doubt that she'd be able to claim the whole amount from the construction company. Remember, it's the driver's responsibility not to drive into things and that is the view the insurance company will take.

Horizon81

It's blooming unlucky and reminds me of a time a lorry flicked up a similar looking rock into the oncoming traffic (me). Were it not for a lucky deflection as it came hurtling down the road it would have easily penetrated the radiator/bumper/smashed windscreen.

I guess now's the time to look for decent legal representaion, balanced against the cost of fixing the problem. Sadly it may well have to go down as 'one of those things'. I feel your pain though.

john342

WTFH wrote: »

It's not just about swerving, but stopping. If you see an obstruction which you can't safely drive round, then stop until you can get round it.

It is a busy road and she was well within the speed limit. Apparently there was not enough time to stop, supported by the witness in the car.

cootuk wrote: »

Shall I be the first and say that it could have been a small child?

tbh she can try a claim, but the company will probably say they take great diligence in keeping the road clear, as can be seen by them sweeping up smaller pieces.

If I hit a large item then I would stop immediately rather than keep driving, so they could argue she didn't mitigate her damage at the time.

They were not sweeping up the pieces. They were sweeping the pieces from the construction site ON TO the road, the video I recorded shows them sweeping debris out of the entrance to the construction site on to the road.

Mr_Mink wrote: »

I'd say insurance will give you partial blame at best. I very much doubt that she'd be able to claim the whole amount from the construction company. Remember, it's the driver's responsibility not to drive into things and that is the view the insurance company will take.

I was nor in the car at the time but from what she said + her friend (the witness) it was not possible to avoid it. I know the road myself and it is fairly busy so even if she was able to stop suddenly it would likely result in her being rear-ended.

Stooby2

I'm sorry to say that you have little or no chance. Iceweasel summed it up, perfectly. Stopping was the obvious option yet she chose to drive over it.

You would need to prove that the rock came from the lorry and wasn't dropped by some other truck unconnected to the site, five minutes beforehand. You'll also have to prove that the damage was caused by the rock she hit.

Sorry but as Iceweasel says, you'll get ripped to pieces by any half decent solicitor.