Neighbours dustbin blew into road. Liability issue.

Marvel1

Best posted in the insurance forum.

The driver's decision to drive into another vehicles, their problem.

DavidWFC

Unless it blew out right in front of him as he passed, it cannot be your neighbour or the council's fault - it'd be hard for him to prove this. I'd consider it an "act of god" and if contacted about my bins this is what I'd argue.

If anything, the counter argument would be that the bin was likely already blew into the road and it was in his way causing him to swerve as he was driving without due care attention. I couldn't drive into a traffic cone tomorrow and claim off the company that is carrying out the roadworks... No difference here for me.

Gavin83

It's a bit of a stretch to imagine the bin happened to fall over just as he drove past, I think it's far more likely he wasn't paying attention and didn't notice it until the last second.

However let's assume it did for a second. Admittedly this case is a mess involving a lot of parties but ultimately he has little choice than to contact his insurers. The other driver will need to claim from his insurance and then it's his insurances choice whether they wish to pursue a third party for the costs, although given the circumstances I don't think they'd bother.

Ultimately the driver should be more careful over what they're doing. If it really was due to a poorly placed bin it's probably the councils fault. However I can't really see a scenario where it's your neighbours fault. I agree with the others, she certainly shouldn't be paying this. She should tell him if he feels he has a case to take her to court. If he doesn't back down warn him any further direct contact will be considered harassment and will be reported to the police.

Ultimately he's going after your neighbour because he feels she's an easy target. She needs to make sure she doesn't become one.

unholyangel

DavidWFC wrote: »

Unless it blew out right in front of him as he passed, it cannot be your neighbour or the council's fault - it'd be hard for him to prove this. I'd consider it an "act of god" and if contacted about my bins this is what I'd argue.

If anything, the counter argument would be that the bin was likely already blew into the road and it was in his way causing him to swerve as he was driving without due care attention. I couldn't drive into a traffic cone tomorrow and claim off the company that is carrying out the roadworks... No difference here for me.

While I don't think the homeowner would be liable in the circumstances (because where the bin men left it wasn't within her control), an act of god does not cover everything weather related. Only natural events (ie no human conduct involved) which are so outwith the ordinary, that its impossible to foresee/impossible to put plans in place for it.

scaredofdebt

swingaloo wrote: »

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.

I suspect he wasn't "driving with due care and attention" if he cannot tell the difference between a child and a bin. He chose to swerve and hit the other car, not the bin owners fault at all.

Primrose

The council,s bin men or the contractor if the collection has been sub contracted are liable. The bin will have been full of rubbish when yiur neighbour out it out and too heavy to blow away.
If yiur neighbour has a car and belongs to the AA their legal Dept may be able to advise her, or her home contents insurer but I'm pretty sure she nit liable. I suggest she has no contact with the car driver concerned who should get his car insurers to take up the liability issue with the council. Bin drivers are renowned for their carelessness in returning empty bins to a safe place.

custardy

Primrose wrote: »

The council,s bin men or the contractor if the collection has been sub contracted are liable. The bin will have been full of rubbish when yiur neighbour out it out and too heavy to blow away.
If yiur neighbour has a car and belongs to the AA their legal Dept may be able to advise her, or her home contents insurer but I'm pretty sure she nit liable. I suggest she has no contact with the car driver concerned who should get his car insurers to take up the liability issue with the council. Bin drivers are renowned for their carelessness in returning empty bins to a safe place.

Really? So when doing hundreds of bins. Wheres the 'safe' place immune from the elements?

cheeky-peach

I wonder what speed he was going to need to swerve rather than attempt to brake. Sounds like a residential area and granted, he may have hit the bin but it would have likely caused less damage than 'clipping' another car.

GreenQueen

custardy wrote: »

Really? So when doing hundreds of bins. Wheres the 'safe' place immune from the elements?

According to my bin men it's right in the middle of my drive! Fortunately I live on a reasonably quiet road, because when I get home from work I frequently have to stop in the road and move the empty bin before I can turn into my drive.:D

Tom99

Wheelie bin? They belong to the LA not the householder and it was placed on LA property by LA employees.