Help! The Flying Wheelie Bin

CNewburn

Hi Everyone!
I am quite new here and i have been reading forums for quite sometime now and i find it very helpful. I just wanted your opinion regarding my current problem. last Monday i was parked infront of my son's primary school and an empty flying bin went crashing down the back of my car during the height of the gale force wind weather. As i checked on the dent of my car and tried returning to the driveway of the house where that bin belongs here comes the owner on his car. I told him about the incident and he just told me that I should contact the council, upset and quite clueless what i should do I went and knock at his door and his wife opened it and called him. I asked him that if the council call it is about my car and if he could explain what happend too. So i went and complain online and they get back to me and said they are not responsible of this damage on my car and its the homeowners responsibility. I next messeged the owner of the bin and told them about what the council said POLITELY i gave them my number so that we can arrange a meeting to sort the damage I was surprised that they said it is a UNFORTUNATE event that my car was damaged and they WILL NOT ASSUME respomsibility whatsoever for the damage thier bin have made. SOOOO... obvious to say that I am very upset that nobody wants to assume responsibility for the damage on my car and didnt even recieved an APOLOGY from the homeowner.

I have been looking on forums here and its not looking very good but here are my points:

1. I have read that after the bin is collected the homeowner should return all the bins to their storage point as soon as possible after they have been emptied.
a.On the private messege the wife said that his husband was not home when the bin was collected (thus I saw him driving alone in the car back home while i put their bin away ) but when i knoced on their door it was the wife that opened the door so in that note she was home all along so WHY didn't she put the bin back inside their house?

2. I have also read that the bin is the councils property.
a. The bin should be put by the refuse collector on the safe place due to gale force wind condition, imagine if that bin went flying to a kid coz it was almost school run time.

b.There should be atleast a health and safety precaution for weather like last monday, they canot just leave bins out in the open to be blown away making it dandgerous to motorist and predestrian.

To sum it all up, I am asking for your advice on what i should do next, i asked for a cctv video from the school so that we will know who is negligent on this matter. If it was left outside the property is should be the councils fault for leaving it all in the open rather inside very spacious driveway of the owner or is it the owners fault given the fact that there was someone inside the house when the incident happend and it wouldnt have damaged my car if they only brought the bin back inside their house.

I know that this might sound pity but like any other person we work hard to pay for our car and for it to be just be damaged because of negligence is just way too upsetting.And the fact that the owner didnt even have the Ba:mad::mad:s to apoligize makes it more worst. Please help me !

Thank you!

Quentin

You need to realise you have insurance for this type of thing (where no one has been negligent)


So either claim if you have comprehensive cover and it's cost effective or pay yourself.

FutureGirl

Not sure how they've been negligent?

As above, you have insurance for this type of thing.

CNewburn

Thanks Quentin for the reply, friend of mine said that effect my no claims if I do it on my insurance. My point is there is clearly a negligence between either council or homeowner. Like I said there was someone inside this house when this happened. I know that if I am inside my house I will deffo know that the bin men are there and with the said weather I would have taken my bin inside as soon as for that street will be fill with parents picking up their kids from school.

Torry_Quine

This is an unfortunate incident but no blame can be attached to the homeowner. This is what you have insurance for.

My bin sits outside until either my husband or my neighbour takes it in as I am not able to myself. I would feel terrible if something happened but it wouldn't be my fault.

CNewburn

Council: should have taken the bin on a safe place where it wouldn't blow away (the house has a very long driveway and open gate )

Homeowner: There was someone inside the house, the husband wasn't away that long for he was just at the doctors and it is just a street away from his house if you walk (I woudnt be surprised if he didn't took the bin in for he uses his car going to the doctor and it was just a street away )

CNewburn

Thanks Torry, just like I said from the post the wife of the homeowner was inside the house and I am pretty sure that she is able to take the bin in for she is a regural member of a walking group in our community.If you were my neighbour I will do the same thing but these two has just no excuse in my opinion.

FutureGirl

But that is not negligence.

DCFC79

Try raising a claim against the weather.

chris_m

https://en.wikipedia.org/wiki/The_Man_Who_Sued_God

Good film, BTW, and a great performance from the Big Yin

CNewburn

@FutureGirl- with due respect If we look at what negligence means it does mirror what both parties have done,I think I have tackled it clearly on my replies and post.

@DCFC79- I am not like other people that claims for every single thing. My point is people didn't do what they should have done to prevent things flying around during this weather. It is just common sense in my opinion that if it's very windy inside I should secure anything that might blow away. It is just what decent person will do specially If you are inside your house.