Windscreen cracked by tractor spraying on road

Wanderersmelody

We were driving on an A road and passed a tractor. As we passed, it sprayed a load of mud Inc stones out onto the road and all over my car making a horrific noise. We stopped and the car was covered in splats of mud so we could t see the damage. We turned round as the tractor was driving off but we got the registration number. We also caught the incident on my dashcam. I’ve now looked at my car properly and the windscreen is cracked and the paintwork damaged. Aware that my windscreen is covered on my insurance but I still have an excess of £115 to pay. I haven’t explored the chips in the paintwork yet. Do you think I can pursue through my insurance as I have the reg number and dashcam evidence. 

MattMattMattUK

Wanderersmelody said:

We were driving on an A road and passed a tractor. As we passed, it sprayed a load of mud Inc stones out onto the road and all over my car making a horrific noise. We stopped and the car was covered in splats of mud so we could t see the damage. We turned round as the tractor was driving off but we got the registration number. We also caught the incident on my dashcam. I’ve now looked at my car properly and the windscreen is cracked and the paintwork damaged. Aware that my windscreen is covered on my insurance but I still have an excess of £115 to pay. I haven’t explored the chips in the paintwork yet. Do you think I can pursue through my insurance as I have the reg number and dashcam evidence. 

When you say sprayed, do you mean it's sprayer was running and that ejected the mud, or do you mean the mud came off the vehicle or was flung off a wheel? If the former the possibly, if the latter then no. 

tacpot12

If the mud and stones came from a pothole, then you don't have a claim against the tractor owner/operator, but you might against the council if the pothole is really bad and has been reported to them. If you have legal expenses protection as part of your home insurance, talk to the Legal Helpline provided by your insurer. 

cw8825

You’re going to struggle to hold the tractor liable. 

By the sounds of it they haven’t been negligent. You have been unfortunate 

ThorOdinson

You could argue that the tractor driver should be aware that their vehicle throws mud and stones around, and drive accordingly.

Lorian

It was perhaps cutting the verge but round here they are all busy get the crops in still.

Mildly_Miffed

ThorOdinson said:

You could argue that the tractor driver should be aware that their vehicle throws mud and stones around, and drive accordingly.

What do you think the tractor driver should have done differently?

If anything, the onus is on the vehicle passing to give more space.

OP - yes, you can claim from your insurance. It will be an at-fault claim, as your insurer will not be able to reclaim the payout from the tractor's insurer.

ThorOdinson

Mildly_Miffed said:

ThorOdinson said:

You could argue that the tractor driver should be aware that their vehicle throws mud and stones around, and drive accordingly.

What do you think the tractor driver should have done differently?

If anything, the onus is on the vehicle passing to give more space.

OP - yes, you can claim from your insurance. It will be an at-fault claim, as your insurer will not be able to reclaim the payout from the tractor's insurer.

Simple. If you know your vehicle is throwing stones and mud at others, avoid passing other vehicles at speed on public roads. That may mean you need to travel at different times of the day, or though your fields. Or perhaps drive very slowly to avoid that happening.

If the OP has dashcam footage and it's clear what was happening, the tractor driver should have slowed down to avoid the obvious damage being done, and the danger from slashing so much mud on the front of other vehicles. It might even be a prosecutable offense, if there was risk of it causing an accident due to sudden loss of visibility.

OP, can you post the video on YouTube for us to take a look at?

Mildly_Miffed

ThorOdinson said:

Mildly_Miffed said:

ThorOdinson said:

You could argue that the tractor driver should be aware that their vehicle throws mud and stones around, and drive accordingly.

What do you think the tractor driver should have done differently?

If anything, the onus is on the vehicle passing to give more space.

OP - yes, you can claim from your insurance. It will be an at-fault claim, as your insurer will not be able to reclaim the payout from the tractor's insurer.

Simple. If you know your vehicle is throwing stones and mud at others, avoid passing other vehicles at speed on public roads. That may mean you need to travel at different times of the day, or though your fields. Or perhaps drive very slowly to avoid that happening.

If the OP has dashcam footage and it's clear what was happening, the tractor driver should have slowed down to avoid the obvious damage being done, and the danger from slashing so much mud on the front of other vehicles. It might even be a prosecutable offense, if there was risk of it causing an accident due to sudden loss of visibility.

OP, can you post the video on YouTube for us to take a look at?

The OP overtook the tractor.

Tractors DO travel very slowly - the vast majority are flat out at 30mph.

Also, if the tractor had been "throwing" mud and stones, wouldn't the OP have known that from following it?

400ixl

I would have thought you would have to prove the tractor driver was negligent. As in the came off a field with mud filled tyres without cleaning them off.

LeafGreen

Mildly_Miffed said:

The OP overtook the tractor.

Tractors DO travel very slowly - the vast majority are flat out at 30mph.

Also, if the tractor had been "throwing" mud and stones, wouldn't the OP have known that from following it?

I got the impression that the tractor was travelling in the opposite direction, given that the OP turned around when it was driving off.

I'm not sure what the legalities are but do have sympathy with the OP.  I'd have thought the tractor driver should have been aware that their vehicle was flinging mud and stones with sufficient force as to damage other vehicles, and to adjust their speed accordingly.