Damaged my car due to grit bin in the road, can i claim from council/RA?

Smuggo

Hi, my first post so be gentle

This morning I caught the side of my car on a grit bin placed in the road I live on. I was rounding the corner out garage block as another car came the other way and so was over the side more than usual to avoid it and hit the bin. Got dents in the corners of both passenger side doors and it's a brand new car so pretty annoyed about it.

Now I know the bin is there but it is so low I couldn't see it and didn't think I was so close. It was placed there by the residents association (of which I am part owner as a resident) so that cars don't park there and the bin lorry can get past. However it seems to me they should have painted double yellows on the corners instead of doing this.

Anyway, wondering if I might have grounds for a claim against either the RA or the council as it seems to me that placing such a low object in the road is a hazard and it should never been there. What do people think?

k3lvc

You chose the path of least resistance and rather than hitting the moving object you hit a static one


Your choice, your issue, your insurance

AnotherJoe

Just for clarification, did you mount the pavement as it would appear? Surely the grit bin is on the pavement and not actually on the road as you state?

If so, I dont see how you can in effect claim "because the council didn't put double yellow lines in the road, I mounted the pavement".

Either you were going too fast on a blind bend, or you weren't but chose to swerve onto the pavement rather than stop in time, or the other person forced you off the road but the latter will be difficult to prove.

Smuggo

AnotherJoe wrote: »

Just for clarification, did you mount the pavement as it would appear?

If so, I dont see how you can in effect claim "because the council didn't put double yellow lines in the road, I mounted the pavement".

Either you were going too fast on a blind bend, or you weren't but chose to swerve onto the pavement rather than stop in time, or the other person forced you off the road but the latter will be difficult to prove.

I was not on the pavement no, the grit bin is actually in the road. I was in 1st gear and not going fast, it is right on the corner and as I rounded it I just was a bit too close and the side of the car caught it (I am astonished how bad the damage is from what is basically just a plastic box).

As for those questioning my driving, I have been driving 10 years and this is the first time I've ever hit anything.

the issue I have is they are using this grit bin to stop people parking there instead of just painting double yellows, which is what is usually done on corners.

pappa_golf

did the accident with a "stationary" bin on a "pavement" give you whiplash ?

Ebe_Scrooge

Smuggo wrote: »

I was rounding the corner out garage block as another car came the other way and so was over the side more than usual to avoid it and hit the bin. You should have stopped and given way to the oncoming car, just the same as for any other obstruction in the road.


What do people think? I think it was probably Dark at the time, so it doesn't Matter. And I think you should be being more observant if you can't see a grit bin in the road.

I thought the school holidays had finished now ?

lovinituk

lovinituk wrote: »

As for those questioning my driving, I have been driving 10 years and this is the first time I've ever hit anything.

Well you've hit something now despite knowing that it was there. Thank goodness it wasn't a child sat on the kerb.

Smuggo

lovinituk wrote: »

Well you've hit something now despite knowing that it was there. Thank goodness it wasn't a child sat on the kerb.

Since there is no kerb or pavement there that is highly unlikely. Also children shouldn't be sitting in the road, just as grit bins shouldn't.

Stevie_Palimo

Smuggo wrote: »

Since there is no kerb or pavement there that is highly unlikely. Also children shouldn't be sitting in the road, just as grit bins shouldn't.

The words fighting a losing battle come to mind here.

Herzlos

As much as it sucks, you don't have a claim; you hit a stationary object (that was probably bright yellow) at the side of the road. It being council owned doesn't matter, as it could have been anything.

If it wasn't properly secured and blew into the side of your car, you'd have a claim, but if it wasn't moving, you're out of luck.

pappa_golf

how lucky they were using a grit bin to stop people parking , imagine the costs involved if you had hit a parked car ,


may I suggest a trip to specsavers