Highway Incident Claims (Claim for Car Damage)

jimbledon

hi all,


I'm looking for advice on the best way to handle the following what happened to me yesterday evening in Bournemouth/Poole.


I was driving through a part of Bournemouth where i see a couple of drunk people moving cones and road signs.


What I didn't see was that just before I passed by where they were stopped that they had collapsed a couple of triangular roadwork's signs and led them in the road. I drove over them much to their amusement.


Rather than confront them I called 999 hoping they would get arrested, stopped and gave my car a quick once over. initially it looked okay and I thought nothing more of it.


A couple of miles later my BMW went into limp mode and finally stopping a few seconds later just giving me enough time to park safely


My local garage collected the car earlier today it has a cracked sump, the engine is in an unknown condition.


I reported this to the police again for a reference crime number earlier today as this was criminal damage expecting the people who moved the signs would be liable.


After speaking to the police they say I can claim against the firm responsible for the works because it is their responsibility to secure any road work signs and barriers etc.


So, long story short.


Has anyone here managed to claim or can add anymore detail to the process?


J

Spicy_McHaggis

You would have to prove the company who placed the sign are negligent in order to succeed in a claim against them. As the signs appeared to be ok until they were moved by a third party your claim is unlikely to succeed. Best bet is to get onto your insurance company.

DUTR

You make it sound like you will be succesful in a claim :eek:
The HA or their agents are responsible for the traffic cones etc, however as you witnessed they were moved by unauthorised persons adn were not aware at the time that the equipment was moved to be able to put it right.
Good luck, but you may have to right the repair out of your own pocket.

atrixblue.-MFR-.

jimbledon wrote: »

hi all,


I'm looking for advice on the best way to handle the following what happened to me yesterday evening in Bournemouth/Poole.


I was driving through a part of Bournemouth where i see a couple of drunk people moving cones and road signs.


What I didn't see was that just before I passed by where they were stopped that they had collapsed a couple of triangular roadwork's signs and led them in the road. I drove over them much to their amusement.


Rather than confront them I called 999 hoping they would get arrested, stopped and gave my car a quick once over. initially it looked okay and I thought nothing more of it.


A couple of miles later my BMW went into limp mode and finally stopping a few seconds later just giving me enough time to park safely


My local garage collected the car earlier today it has a cracked sump, the engine is in an unknown condition.


I reported this to the police again for a reference crime number earlier today as this was criminal damage expecting the people who moved the signs would be liable.


After speaking to the police they say I can claim against the firm responsible for the works because it is their responsibility to secure any road work signs and barriers etc.


So, long story short.


Has anyone here managed to claim or can add anymore detail to the process?


J

police told you wrong. you cant claim off the company if the signs were placed there by there drunken fool how are they negligent in this? The drunk fools placed them there but you failed to spot a traffic sign laying in the road? sorry its not what you wanted to hear but you cant go claiming off a company that had placed them there with due care and then drunk fools came along and shoved them into the carriageway, you could sue the idiots, but whether youd get your money is another thing.

AdrianC

Let's say these signs had fallen off the back of a truck just out of your sight, and you were the first car there. Whose fault would it be that you hit them?

marlot

AdrianC wrote: »

Let's say these signs had fallen off the back of a truck just out of your sight, and you were the first car there. Whose fault would it be that you hit them?

Partly the person who loaded the vehicle in an unsafe manner.
Partly the driver for driving faster than the distance in which he can stop

AdrianC

No, it would only be a negligent loader's fault if the sign had caused damage in the process of falling off.

AdrianC

atrixblue.-MFR-. wrote: »

you didn't say that though, "Let's say these signs had fallen off the back of a truck just out of your sight, and you were the first car there. Whose fault would it be that you hit them?

being the first car there and being theres whilst its in the process of falling is entirely different scenario's, your first suggests it already on the road and the second suggests its fell out onto a car.

Yes, I'm well aware of that fact, thank you very much. Which is why I only mentioned that to demonstrate that it couldn't have been the loader's fault, negligent or not.

atrixblue.-MFR-.

marlot wrote: »

Partly the person who loaded the vehicle in an unsafe manner.
Partly the driver for driving faster than the distance in which he can stop

AdrianC wrote: »

Let's say these signs had fallen off the back of a truck just out of your sight, and you were the first car there. Whose fault would it be that you hit them?

AdrianC wrote: »

Yes, I'm well aware of that fact, thank you very much. Which is why I only mentioned that to demonstrate that it couldn't have been the loader's fault, negligent or not.

you didn't say that though,you said "Let's say these signs had fallen off the back of a truck just out of your sight, and you were the first car there. Whose fault would it be that you hit them?"


being the first car there and being there whilst its in the process of falling is entirely different scenario's, your first suggests it already on the road and the second suggests its fell out onto a car.


if it happened out of sight and its then subsequently run over its a 100% at fault of the driver for not paying attention it happened out of sight remember how is he/she to prove otherwise it wasn't there or it had been insecurely loaded , scenario 2 if hits it in the process of falling then its loaders fault entirely.


Although if whitnesses saw the load drop out the back of the truck and can be tracked down or CCTV then it would be a 50/50
Re edit: due to lost multi quote...

Spicy_McHaggis

atrixblue.-MFR-. wrote: »

you didn't say that though,you said "Let's say these signs had fallen off the back of a truck just out of your sight, and you were the first car there. Whose fault would it be that you hit them?"


being the first car there and being there whilst its in the process of falling is entirely different scenario's, your first suggests it already on the road and the second suggests its fell out onto a car.


if it happened out of sight and its then subsequently run over its a 100% at fault of the driver for not paying attention it happened out of sight remember how is he/she to prove otherwise it wasn't there or it had been insecurely loaded , scenario 2 if hits it in the process of falling then its loaders fault entirely.


Although if whitnesses saw the load drop out the back of the truck and can be tracked down or CCTV then it would be a 50/50
Re edit: due to lost multi quote...

I beg to differ with you there. Are you saying there's no liability on the driver who took said vehicle out onto the road?

atrixblue.-MFR-.

Spicy_McHaggis wrote: »

I beg to differ with you there. Are you saying there's no liability on the driver who took said vehicle out onto the road?

As the driver is the carrying the load he is by default responsible for such load, then no that's not what i was saying. whats your point? he either loaded it himself or he failed to check his load is secure or both either case still on the driver/loader (as often its a case of both).