Highway Incident Claims (Claim for Car Damage)

Spicy_McHaggis

atrixblue.-MFR-. wrote: »

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).

My point is you said the person who loaded it is 100% responsible, which is incorrect.

atrixblue.-MFR-.

Spicy_McHaggis wrote: »

My point is you said the person who loaded it is 100% responsible, which is incorrect.

Stop being pedantic, everyone knew what i was on about, as i said loader and driver can be both the same person.

Spicy_McHaggis

atrixblue.-MFR-. wrote: »

Stop being pedantic, everyone knew what i was on about, as i said loader and driver can be both the same person.

Only when pulled up.

Driver took it on the road, his problem.

Aretnap

The police aren't experts in civil law. It's unlikely that the highways authority would have had any liability for the fact that a couple of drunken prats messed about with their road signs. If you want to claim against them, the first question you have to answer is: realistically, what do you think they ought to have done differently to prevent this happening?

The drunken prats might be liable, but making a claim against them depends on (a) finding them and (b) being able to extract enough money from them to pay for your repairs (and that depends on them having a reasonable amount of money in the first place).

If the damage is significant your best option is likely to be to claim on your own insurance policy. If your insurers think there's a reasonable chance of recovering the money from someone else they'll do that themselves - but don't hold your breath.

DaveF327

Here's why your claim may fail:

jimbledon wrote: »

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.

To put it another way, if the signs had merely blown over in the wind, the law would expect you to drive with due care and attention and avoid driving over anything that may cause a danger. A "competent and careful driver" (quote from s.3 Road Traffic Act 1988 - not my words) would be expected to see a hazard in the road and take action to avoid it.

I get the feeling that you are more aggrieved that there was a human element of intervention in your misfortune, but while the drunken pedestrians could be charged with interference with traffic equipment (RTA s.22A), this would have no bearing on your inability to notice the hazard.

arcon5

Did the police catch the guys and get their details?