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HELP!! Builders caused damage and deny liability!!

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13

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  • silvercar
    silvercar Posts: 49,603 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Surely that is a temporary surface at best, wouldn't even describe it as a road.

    Assume the house pictured isn't yours, but one that is unfinished and eventually will have a driveway that meets the road.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 25 April 2017 at 9:58AM
    pimento wrote: »
    What if that obstacle was in the way of your only access to your house?
    I'd park, walk to house, and complain about it, rather than being bloody-minded enough to damage my car.

    Though if I had bought a house in the middle of a building site I'd probably expect this sort of thing.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    silvercar wrote: »
    2u46ck0.jpg
    She blithely drove over THAT, and was then surprised when her car was damaged...?

    No wonder this has dragged on for six months already.

    Anyway, assuming you aren't willing to pass it to your car insurance, then the next step is to issue a court claim against the developer. Make sure you provide full information at the time of the claim, because courts won't put up with the drip-drip of pertinent facts.

    And don't be surprised if you don't win.
  • ReadingTim
    ReadingTim Posts: 4,084 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I think you'd be better off suing god (or mother nature) for failing to provide your partner with enough common sense to operate a motor vehicle, rather than Persimmon, who are clearly still building the road.

    Persimmon caused no damage, and thus have no liability. Your partner has learnt the expensive way that they are an idiot.

    Sorry if this isn't what you wanted to hear.
  • ashtriplett
    ashtriplett Posts: 11 Forumite
    Fourth Anniversary
    Persimmon stated that the road was due a top coat of tarmac but that it was fine to drive over so we did, caused damage and spoke to them
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    ashtriplett wrote: »
    Persimmon stated that the road was due a top coat of tarmac but that it was fine to drive over so we did, caused damage and spoke to them
    What they meant was that they would not object, and that the unfinished road would not be damaged.

    Only the person driving the car can make the final decision.
  • ashtriplett
    ashtriplett Posts: 11 Forumite
    Fourth Anniversary
    Thanks for the advice, We'll be going to small claims court to recover the costs to replace the bumper
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    ashtriplett wrote: »
    Thanks for the advice, We'll be going to small claims court to recover the costs to replace the bumper
    Keep us posted as to the result.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Are you absolutely sure that the road near you house did this damage and that it wasn't done somewhere else and she only noticed it when she got out of the car at home?
  • parkrunner
    parkrunner Posts: 2,610 Forumite
    Eighth Anniversary 1,000 Posts
    ashtriplett wrote: »
    Persimmon stated that the road was due a top coat of tarmac but that it was fine to drive over so we did, caused damage and spoke to them

    Do you believe everything you are told? Your picture makes it pretty clear that it would be a risk to drive over that.
    It's nothing , not nothink.
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