Damage to car caused by road - claim submitted

angelasocks

Hi

I've submitted a claim for compensation, my car was damaged due to missing bollard warning flags.  So ended up driving over the bollard base damaging the underside of the car - quite substantial damage.

The council have emailed me asking me

"

1. Please confirm if you accept that at the time the incident occurred, you were driving not in accordance with the Road Traffic Act 1988 and Sections 144, 146 and 149 of the Highway Code?"

After reading the sections I don't agree ie I wasn't speeding, using a mobile phone etc.

If I answer that I disagree with their accusation would it be likely they could involve the police to try and prosecute me.  Again I don't think that I was breaking the highway code but just wondered if this was normal when you make a claim. 

Thanks for reading

eskbanker

Probably one for the motoring board rather than generic consumer rights?

https://forums.moneysavingexpert.com/categories/motoring

MattMattMattUK

angelasocks said:

Hi

I've submitted a claim for compensation, my car was damaged due to missing bollard warning flags.  So ended up driving over the bollard base damaging the underside of the car - quite substantial damage.

The council have emailed me asking me

"

1. Please confirm if you accept that at the time the incident occurred, you were driving not in accordance with the Road Traffic Act 1988 and Sections 144, 146 and 149 of the Highway Code?"

After reading the sections I don't agree ie I wasn't speeding, using a mobile phone etc.

If I answer that I disagree with their accusation would it be likely they could involve the police to try and prosecute me.  Again I don't think that I was breaking the highway code but just wondered if this was normal when you make a claim. 

Thanks for reading

For ease, the relevant sections are below, you can either accept (eg. you were not driving in accordance with), or you can decline (eg. you were driving in accordance with). However, the real question is, has something in your original statement to them effectively stated that you were driving without due care and attention. Driving over a bollard base and damaging your car, regardless of if missing warning flags could reasonably be considered driving without due care and attention, so I suspect that is the route that they are taking, which would mean that they are not liable for any damage. 


Rule 144

You MUST NOT

drive dangerously

drive without due care and attention

drive without reasonable consideration for other road users.

Driving requires focus and attention at all times. Remember, you may be driving dangerously or travelling too fast even if you don’t mean to.

Rule 146

Adapt your driving to the appropriate type and condition of road you are on. In particular

do not treat speed limits as a target. It is often not appropriate or safe to drive at the maximum speed limit

take the road and traffic conditions into account. Be prepared for unexpected or difficult situations, for example, the road being blocked beyond a blind bend. Be prepared to adjust your speed as a precaution

where there are junctions, be prepared for road users emerging

in side roads and country lanes look out for unmarked junctions where nobody has priority

be prepared to stop at traffic control systems, road works, pedestrian crossings or traffic lights as necessary

try to anticipate what pedestrians and cyclists might do. If pedestrians, particularly children, are looking the other way, they may step out into the road without seeing you.

Rule 149

You MUST exercise proper control of your vehicle at all times. You MUST NOT use a hand-held mobile phone, or similar device, capable of interactive communication (such as a tablet) for any purpose when driving or when supervising a learner driver. This ban covers all use of a hand-held interactive communication device and it applies even when the interactive communication capability is turned off or unavailable. You MUST NOT pick up the phone or similar device while driving to dial a number and then put it in the cradle for the duration of the conversation. You MUST NOT pick up and use your hand-held phone or similar device while stationary in traffic.

There is an exception to call 999 or 112 in a genuine emergency when it is unsafe or impractical to stop. There is also an exception if you are using a hand-held mobile phone or similar device to make a contactless payment at a contactless payment terminal. Your vehicle MUST be stationary, and the goods or services MUST be received at the same time as, or after, the contactless payment.

Never use a hand-held microphone when driving. Using hands-free equipment is also likely to distract your attention from the road. It is far safer not to use any telephone or similar device while you are driving or riding - find a safe place to stop first or use the voicemail facility and listen to messages later.

You may park your vehicle using a handheld remote control app or device. The app or device MUST be legal, and you should not put other people in danger when you use it.

user1977

I doubt the council is interested in shopping you to the police - it's not going to help them with your claim. Also bear in mind that only the "MUST" bits quoted above are actual criminal law, the rest (as with most of the Highway Code) is merely guidance.

DullGreyGuy

They're asking how you managed to drive into a static object... in most cases involving static objects the drive is liable for the damage caused to the item not the other way around

angelasocks

The bollard base was in the middle of the road and I was driving in the middle of the road to avoid the sharpest areas of the speed bumps (nobody else on the road) I know I'm not the only one who does this but whether this is breaking the highway code I don't know. 

Nearlyold

At a guess the Council's line of thinking is possibly that the bollard was there to prevent you driving into the area protected by the bollard, and whilst the upper part of the bollard was missing leaving a substantial obstruction, ie the base exposed, (which may or may not have been clearly visible) there were other signs/indications that you were not to take that particular route.

kayleighali

angelasocks said:

The bollard base was in the middle of the road and I was driving in the middle of the road to avoid the sharpest areas of the speed bumps (nobody else on the road) I know I'm not the only one who does this but whether this is breaking the highway code I don't know. 

Someone may come along with more knowledge, but if you were still in the correct lane as opposed to the middle of the road, would you have hit the bollard base? I think this is what they may be getting at...why were you in the middle of the road instead of passing over the top of the speed bumps as intended? Obviously it's not just you that does this - I do it myself when the road is clear - but should we technically be driving out of our lane instead of driving over the speed bumps correctly?

eskbanker

angelasocks said:

The bollard base was in the middle of the road and I was driving in the middle of the road to avoid the sharpest areas of the speed bumps (nobody else on the road) I know I'm not the only one who does this but whether this is breaking the highway code I don't know. 

Is the location visible on Google Street View and if so, are you able and willing to share a link?

Car_54

angelasocks said:

The bollard base was in the middle of the road and I was driving in the middle of the road to avoid the sharpest areas of the speed bumps (nobody else on the road) I know I'm not the only one who does this but whether this is breaking the highway code I don't know. 

The relevant rule is 160, "Once moving you should keep to the left, unless road signs or markings indicate otherwise. The exceptions are when you want to overtake, turn right or pass parked vehicles or pedestrians in the road."

If you really don't know that, you probably shouldn't be driving.

angelasocks

"If you really don't know that, you probably shouldn't be driving. " obviously I know that I have explained why on this occasion I didn't.