Advice please - damaged my car on a speed hump :(

Daniel_san

FiremanDave wrote: »

You're obliged to inform them of any accidents. Like the one you've had so when you ring for advice guess what they'll do. Ask questions and record it.

No other party was involved, except for the other vehicle you didn't get details of?

Now what are you on about? You've managed to introduce another vehicle into the situation... :doh::shhh:

FiremanDave

Daniel_san wrote: »

Now what are you on about? You've managed to introduce another vehicle into the situation... :doh::shhh:

What's this in your first post?

Daniel_san wrote: »

Hi all, I'll keep it as brief but as detailed as possible. Would like some advice please.

The car is a 2008 BMW 325D M-Sport convertible.

I went on holiday last week within the UK.
Stayed at a holiday home, self catering, on a large estate (over 200 "lodges").
The access is by a private road (I assume, as the sign for the place is at the entrance to the road, indicating to me it's all private grounds for the holiday estate).
The road is wide enough for 2 vehicles to pass each other but has a small section White lined for pedestrians to walk.
There were no pedestrians around at the time of the incident.
I'd gone over the speed hump along this road on the way in to the park when I checked in, and had no issue. I always go over humps slowly.
When I drove out of the holiday park on day 2 of my holiday, I passed an oncoming car as I went over the hump, and heard a huge BANG as I came off it (slowly, I remind you). On the exit side of the hump, the road dips down a little (going by the huge puddle next day, I guess it's drainage...), meaning my car landed on the side skirt on the left side. The right side didn't hit as the road didn't dip there. The skirt took the full force and is now dented and cracked, so will require repair or replacement.
I spoke to a woman on the check in desk and informed her I had damage to the car caused by their speed hump and the dip on one side and asked the woman what she suggested. She said to put it in writing, which I intend to. I asked if anyone would like to inspect the damage before I left to go home, and she declined, telling me that "noone is here to look at it"

Now, obviously I will write to them and include photos of the damage, along with the photos I have of the hump and road area either side of it. I noted that the other side of the road has had a repair "patch" done just before the hump (I took photos of this too), so maybe it's happened previously that side too, but I'm just guessing on that.


Any advice on how to approach and wording etc would be appreciated. I'm fairly sure they'll assume no responsibility and then I wonder if it's worth pursuing or not? I plan to call my insurance company on Monday too, as I should have access to free legal advice via my policy I believe.

Thanks in advance for any assistance.

Daniel_san

OMG there aren't enough hours in the day for this lol

FiremanDave

I'll even help you out.

Owning to the presence of a mechanically propelled vehicle. The one you had to drive in the pedestrian bit to pass. On a road or public place, the drive way to your holiday place. Damage was caused to another vehicle yours. Would in the eyes of the law and your insurance company mean your were involved in an accident.

So when you ring for your legal advice what will your insurance company do?

FiremanDave

Daniel_san wrote: »

OMG there aren't enough hours in the day for this lol

You have got a full licence haven't you?

JustinR1979

Daniel_san wrote: »

Now what are you on about? You've managed to introduce another vehicle into the situation... :doh::shhh:

From reading on this forum, you're supposed to inform them of every little scratch or bump you make, even if in your drive.
In the real world you wouldn't do this as it's stupid.

Richard53

Daniel_san wrote: »

Exactly my thoughts! Pavements don't have humps!

Here's my guess, having worked in H&S in a very similar holiday village (from the photos, it is not the one I worked in):


The road is the main access to the park, used by cars, bicycles and pedestrians at all hours, including night-time. Just wide enough for two cars, but pedestrians have to jump out of the way onto the grass if two cars coincide and neither has any manners. H&S officers from the local council visit and remark that the roads are an accident waiting to happen. They suggest painting walkways on the side of the road, clearly marked with a pedestrian symbol.


The speed bump which was previously installed across the full width of the road is left as it is. Removing the extra bits of the speed bump would potentially make things more dangerous for pedestrians by tempting drivers to use the pedestrian area with their nearside wheels, and therefore the bump is left alone. That's why the speed bump is across the walkway.


In a sane world, the car driver would be told that his accident was entirely preventable, simply by observing the road surface and obeying the clear markings, and that would be the end of it. Sadly, some people these days think that someone else should do all their thinking for them, and sadder still, the courts often agree.

almillar

OP, you've got enough answers I'm sure, but I don't think anyone would disagree that the road is badly marked and badly surfaced. On this basis, I think you should have a go at the land owners. if you don't get any money out of them to help with repairs (as a gesture, I don't really think they owe you the full bill) at least the hassle you cause them might make them finally fill the hole or change the road markings.

AdrianC

almillar wrote: »

but I don't think anyone would disagree that the road is badly marked

I'd quite like to know what the difference in marking is between that and...


or


Would you - or the OP - suggest that those solid white lines were somehow confusing, meaning that crossing then was fair game? Would you suggest that any consequence befalling the unwary driver as a result was anything other than the driver's own fault?

FiremanDave

AdrianC wrote: »

I'd quite like to know what the difference in marking is between that and...


or


Would you - or the OP - suggest that those solid white lines were somehow confusing, meaning that crossing then was fair game? Would you suggest that any consequence befalling the unwary driver as a result was anything other than the driver's own fault?

And as for speed bumps being an indication that it's fair game...


Would you drive on that?

No because it's clearly a footpath and cycle way.