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Neighbours dustbin blew into road. Liability issue.
swingaloo
Posts: 3,599 Forumite
Wasn't sure where was best to put this but Im posting on behalf of a neighbour who is quite upset.
Our bin day is Friday and before she went to work Friday morning she left 2 bins out. We have gardens at the front which are open at the end to allow cars to drive onto the front. then there is the footpath which is quite wide.
When putting the bins out both of us leave them at the edge of the garden but not on the actual footpath as they are not in anyones way and they cannot roll as we are also on a bit of an incline.
The bin men duly came and did what they normally do, empty the bins then just push them all into a cluster on the pavement. My neighbour gets home from work just before midday and usually puts both hers and my bins into our gardens. This time she noticed that her bin was damaged and the hinges holding the lid to the bin were snapped leaving them in separate pieces. When she went into the house there was a note through the door asking her to call a number.
It seems that her bin blew into the road after it had been emptied and into the path of a car. Apparently the car swerved and in doing so clipped another car resulting in damage to both cars.
The driver who left his number says he has the details of the other driver although my friend has heard nothing from him yet.
This guy is talking about damage to the cost of around £1000 although its possible he may be trying it on. He said the other vehicle had a broken mirror and damaged door and that he was not going to be responsible for that when the accident was not his fault.
Now comes the problem as to who is liable. My neighbour put her bin out but she always places it securely so it cant blow away or roll. The binmen may have been the last people to move the bin but the council say it is nothing to do with them as other neighbours would have taken their own bins in and they may have moved hers. They also said it is up to the householder to take in the bin as soon as the binmen have been but this is not always possible when you work and they don't come at a set time.
She has tried speaking to her home insurance but they don't want to know as the bin was on the pavement when it blew into the road and not on her property.
The driver who she has spoken to has told her that he is getting quotes for the damage to his car today and will bring the car and quotes round for her to look at tomorrow before he goes ahead getting repairs.
Is she going to be liable?
Our bin day is Friday and before she went to work Friday morning she left 2 bins out. We have gardens at the front which are open at the end to allow cars to drive onto the front. then there is the footpath which is quite wide.
When putting the bins out both of us leave them at the edge of the garden but not on the actual footpath as they are not in anyones way and they cannot roll as we are also on a bit of an incline.
The bin men duly came and did what they normally do, empty the bins then just push them all into a cluster on the pavement. My neighbour gets home from work just before midday and usually puts both hers and my bins into our gardens. This time she noticed that her bin was damaged and the hinges holding the lid to the bin were snapped leaving them in separate pieces. When she went into the house there was a note through the door asking her to call a number.
It seems that her bin blew into the road after it had been emptied and into the path of a car. Apparently the car swerved and in doing so clipped another car resulting in damage to both cars.
The driver who left his number says he has the details of the other driver although my friend has heard nothing from him yet.
This guy is talking about damage to the cost of around £1000 although its possible he may be trying it on. He said the other vehicle had a broken mirror and damaged door and that he was not going to be responsible for that when the accident was not his fault.
Now comes the problem as to who is liable. My neighbour put her bin out but she always places it securely so it cant blow away or roll. The binmen may have been the last people to move the bin but the council say it is nothing to do with them as other neighbours would have taken their own bins in and they may have moved hers. They also said it is up to the householder to take in the bin as soon as the binmen have been but this is not always possible when you work and they don't come at a set time.
She has tried speaking to her home insurance but they don't want to know as the bin was on the pavement when it blew into the road and not on her property.
The driver who she has spoken to has told her that he is getting quotes for the damage to his car today and will bring the car and quotes round for her to look at tomorrow before he goes ahead getting repairs.
Is she going to be liable?
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Comments
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Forget it. Tell them to go through their respective car insurance and see what their insurers say.0
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She actually told him that and he said he had no intention of 'Losing his no claims and excess' because of her negligence. he also said the other driver was in agreement although this other driver is still to come out of the woodwork.
Sadly no other neighbours actually saw it happen either.0 -
She needs to block this person’s number, and not to have any more conversations with him. She would only be responsible if she was negligent which she can’t possible be as the bin was left where it was by the bin men, he is just trying it on.0
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She actually told him that and he said he had no intention of 'Losing his no claims and excess' because of her negligence. he also said the other driver was in agreement although this other driver is still to come out of the woodwork.
Sadly no other neighbours actually saw it happen either.
She hasn't been negligent, the car driver can levy the claim against the council (he probably won't win though), HTF can he drive along the road and not notice a wheelie bin? Then swerve into the path of another vehicle
He'll have to discuss the incident with the other driver . 0 -
https://forums.moneysavingexpert.com/discussion/5242650/neighbours-wheelie-bin-damaged-my-car
Loads of other threads on the same problem.Life is like a bath, the longer you are in it the more wrinkly you become.0 -
If he swerved to avoid something and collided with something else it's tough poo for him, means he is at fault for the damage to his own car and the one he it.Mortgage started 2020, aiming to clear 31/12/2029.0
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He has actually told her that he swerved because he was almost level with her bin when it blew into the road and as he caught sight of it in the corner of his eye he said he wasn't sure what had hit him and at first he thought it may have been a child.
I think he is trying it on.0 -
She hasn't been negligent, the car driver can levy the claim against the council (he probably won't win though), HTF can he drive along the road and not notice a wheelie bin? Then swerve into the path of another vehicle He'll have to discuss the incident with the other driver .
The other driver will be claiming against him, so I don’t see how he is going to protect his NCD.0 -
So the car driver chose to hit another car rather than her bin? I wish I could hear him explain that to his insurers.But a banker, engaged at enormous expense,Had the whole of their cash in his care.
Lewis Carroll0 -
Thank you for the replies, Ive told her to block his number and not to answer her door if he turns up again.0
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