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

Smuggo

gilbert_and_sullivan wrote: »

Is it an age thing?
When exactly did people stop taking any responsibility for their own actions.
I can do no wrong, if i've done something wrong someone else must be to blame and must pay for my mistake/stupidity/negligence.

It's not massively different to claiming for damage to wheels from potholes is it? I pay my council tax, VED and RA fees to maintain the roads and ensure they are clear of obstacles and hazards. IMO, they are using these bins to avoid the cost/admin burden of painting double yellow lines there. At the very least I am going to write to them about it because it could easily happen to someone else.

Silver-Surfer_2

http://m.imgur.com/A8zehF8?r
I don't believe they've done that. If the have wouldn't your claim be against the residents association and not the council?

Smuggo

Silver-Surfer wrote: »

i.imgur.com/A8zehF8.png

I don't believe they've done that. If the have wouldn't your claim be against the residents association and not the council?

They have done that, i'm not 100% sure if it was the RA or the council though, it's so the bin lorry can get through so could be council. I'm not against them stopping people parking there (had many occasions where could barely get through the gap between cars before they did it) but it should be via double yellows not obstacles in the road.

marlot

Smuggo wrote: »

...placed there by the residents association (of which I am part owner as a resident) ...

Sue yourself then.

I award £500 to Smuggo for damage to his car, to be paid by the residents association.
I award the residents association £500 for damage to the bin, to be paid by smuggo

My bill is a mere £200 to smuggo, and £200 to the RA. Please pay by the end of the week, and I'll release your £500.

Herzlos

Smuggo wrote: »

It's not massively different to claiming for damage to wheels from potholes is it? I pay my council tax, VED and RA fees to maintain the roads and ensure they are clear of obstacles and hazards. IMO, they are using these bins to avoid the cost/admin burden of painting double yellow lines there. At the very least I am going to write to them about it because it could easily happen to someone else.

Totally different to a pothole.

Smuggo wrote: »

Thanks for the first helpful comment here. It's actually a green box next to a green hedge. As I say, I did know it was there (I was just further over than I thought) but it is right on the corner behind the hedge and someone who doesn't live round here could just as easily have hit it and would have never been able to see it unless taking a very weird wide turn. Anyway, I was thinking that as it has been deliberately put in the road for a purpose it is not meant for then that might sway it in my favour.

I have fully comp and 10yrs protected NCD so no big deal, just would prefer not to be forking out £250 excess if I can avoid it, but as you say prob I won't have much luck doing so.

So if it blended into the hedge, you'd essentially have just hit the hedge. Would you be wanting compensation from that too?

The fact is, you hit a large stationary object at the side of the road. Even if it's location was bad, you shouldn't have hit it.

I've never seen a green grit bin (can you show us?), they are all yellow here.

Smuggo

Herzlos wrote: »

Totally different to a pothole.



So if it blended into the hedge, you'd essentially have just hit the hedge. Would you be wanting compensation from that too?

The fact is, you hit a large stationary object at the side of the road. Even if it's location was bad, you shouldn't have hit it.

I've never seen a green grit bin (can you show us?), they are all yellow here.

I wouldn't hit the hedge because the hedge is much higher and can thus be seen from a driving position. Also the hedge is pretty static wheras I've seen this thing in slightly different positions along that corner several times (probably from someone moving it to fit their car in next to it)

I don't have a pic of the exact bin but it's pretty similar looking to this: ecx.images-amazon.com/images/I/31jzXk70JnL.jpg

Herzlos

I can't fathom how you got into a position where you couldn't see it.

In any case, it doesn't matter if you could see it or not. You were moving; it wasn't.

Silver-Surfer_2

You don't have a picture of the exact bin because there isn't one.

EdGasket

I hit a dustbin placed in the road by a local residents club. It was a grey bin on a foggy morning and just kinda merged with the fog. I successfully sued the club for damage to my car as the bin should not have been there with no high vis markings or lights. I stress however in my case this bin was placed on a public highway in fog; the OPs situation might be a private road.

Smuggo

EdGasket wrote: »

I hit a dustbin placed in the road by a local residents club. It was a grey bin on a foggy morning and just kinda merged with the fog. I successfully sued the club for damage to my car as the bin should not have been there with no high vis markings or lights. I stress however in my case this bin was placed on a public highway in fog; the OPs situation might be a private road.

Interesting, I'm pretty sure the road itself is council owned as it has council street name signs on it, the garage block area I was exiting is definitely RA owned though. As you say, it has no high vis markings or anything on it, plus being on a corner means you basically can't see it at all as you go around.