Local Council Road Damaged my Van

chalexricher

Hello everyone I’m hoping someone can help. 

I was driving in Surrey the other day and a brand was sticking out from the side of the road and destroyed my vans mirror - £400 + loss of earning for a day to replace. 

I took plenty of photos at the time and got in touch with Surrey council straight away. They have just got back to me and said the branch was on private property so nothing to do with them but the damage occurred on the highway which they have stated is under their control. The branch may well have started on private property but when the damage occurred I was on council property. 

Where do I stand? What are my next steps? I don’t really want to contact the land owner, they looked like they may be a traveller family. 

AdrianC

You drove into a static piece of wood, which was on private property... and it's the council's fault?

If you'd driven into a parked car on the highway, would that be the council's fault, too?

You may say "Well, the branch shouldn't have been there" - would it make a difference if the parked car was parked illegally?

Your next steps are to decide whether to claim off your own van insurance, try to claim from the land-owner's public liability insurance (which they may or may not have), or to just swallow the cost.

sweetsand

Hi OP

Sorry to hear about your story.
The council  is correct. Sue the property owner. Most people that own their own property, mortgage or not often have buildings insurance and that covers them for liability should anyone have a mishap.

Btw, if it was a council tree, then you would have to prove that others had reported the tree and the coucil failed within a reasonable time to sort it out. If they still refused, small claims court route, they often cave in at that stage. There are websites that tell you re complaints to coucils re pot holes, tress, unsafe pavements, etc.

ATB

neilmcl

Unfortunately the County Council don't owe you anything and it must've been a pretty big branch to take out a wing mirror, why didn't you see it. You could try the land owner who is ultimately responsible for any vegetation that can cause an obstruction but I'd doubt you'll get anywhere.

Car_54

I normally steer clear of the "what if" discussions, which usually involve nuns and kittens.

However, that branch must have posed a real danger to motorcyclists.

chalexricher

Christ. You lot are miserable gits! The branch was on a national speed limit, it was encroaching enough that on the narrowing lanes when oncoming traffic was coming and you have to move over slightly the branch stuck out enough to take out a mirror (several were on the side of the road so it’s not just me that’s been caught out). I didn’t see the branch until it was already hit, something about trying not to hit oncoming traffic may have something to do with it. 

Thank you very much for your advice but take your crappy attitudes and stick it where the sun doesn’t shine 

onlyfoolsandparking

Maybe your just not a very good driver!

macman

How you think that the council have liability for a branch protruding from a private hedge is quite beyond any rational thinking.
Think about it. If a chunk falls off a plane and dents your van roof, do you sue the owner of the plane, or the road?
You can sue the hedge-owner, no one else.

Belenus

onlyfoolsandparking said:

Maybe your just not a very good driver!

He's not a very polite poster either. 

He will fit in well here.

foxy-stoat

chalexricher said:

Christ. You lot are miserable gits! The branch was on a national speed limit, it was encroaching enough that on the narrowing lanes when oncoming traffic was coming and you have to move over slightly the branch stuck out enough to take out a mirror (several were on the side of the road so it’s not just me that’s been caught out). I didn’t see the branch until it was already hit, something about trying not to hit oncoming traffic may have something to do with it. 

Thank you very much for your advice but take your crappy attitudes and stick it where the sun doesn’t shine 

So you joined at 2:29pm and your second post at was to insult people at 3:16pm and calling names 4 minutes later... chillllll out.

You wont get anywhere suing the council or the landowner I am afraid.

Grumpy_chap

Just because it is a national speed limit road does not mean you have to do the national speed limit.  It is the driver's responsibility to drive at a speed suited to the conditions and slow enough to avoid hitting stationery objects once they come into view. 
There is nothing that gives a claim on the Council and local authorities are generally not philanthropic in this type of claim.
You could claim on your insurance.