Car damaged by roadworks sign jutting out into the road

Bigboppa

Hi I was driving along a dual carriageway and hit the sign (see photo) causing damage to my vehicle as I could not see it in the dark. Are the council liable. Can i claim off them for cost of repair?  Any help or advice would be much appreciate.

marcia_

Bigboppa said:

Hi I was driving along a dual carriageway and hit the sign (see photo) causing damage to my vehicle as I could not see it in the dark. Are the council liable. Can i claim off them for cost of repair?  Any help or advice would be much appreciate.

Probably not. It can clearly be seen you should have drove round it. 

Bigboppa

another closer picture 

swingaloo

Very much doubt there is any chance of a claim there, there are lights above the sign and presumably your headlights work.

Bigboppa

marcia_ said:

Bigboppa said:

Hi I was driving along a dual carriageway and hit the sign (see photo) causing damage to my vehicle as I could not see it in the dark. Are the council liable. Can i claim off them for cost of repair?  Any help or advice would be much appreciate.

Probably not. It can clearly be seen you should have drove round it. 

It can only be seen because I am stood up on the pavement whilst sat in car driving it was virtually invisible as I was a lot closer to the ground and even if I had seen it I couldn't swerve as vehicles were in the other carriageway next to me.

swingaloo

Bigboppa said:

marcia_ said:

Bigboppa said:

Hi I was driving along a dual carriageway and hit the sign (see photo) causing damage to my vehicle as I could not see it in the dark. Are the council liable. Can i claim off them for cost of repair?  Any help or advice would be much appreciate.

Probably not. It can clearly be seen you should have drove round it. 

It can only be seen because I am stood ip on the pavement whilst sat in car driving it was virtually invisible 

But its above the height of the barrier and the carrier can be seen well into the distance. With headlights on I dont understand how you could have hit it.

daveyjp

Yes you should put in a claim because it costs nothing to do so. 

Bigboppa

daveyjp said:

Yes you should put in a claim because it costs nothing to do so. 

I emailed the council last night, I am still waiting for a response from them, will update once they reply. 

comeandgo

Why can all the other cars see it?  

Bigboppa

comeandgo said:

Why can all the other cars see it?  

I would imagine it has caused damage to seceral of other people's cars too. I was unlucky on my position in the lane. It was only a glancing blow. If I would have been one inch to the left it would have missed the car completely. Do you honestly think I would have driven into it if it was clear to see.

DullGreyGuy

A static object is there to be seen and avoided, its very rare for any liability to be put on to the owner of the object.

Councils however do have a hightened duty of care -v- the average person and therefore there are some examples of where a split liability is agreed. We used to use one in our training on liability where a pavement was cut back to widen the road but the contractors blindly followed the instructions leaving 1 lamppost now standing in the road. In that case the council were found 10% liable. 

Almost certainly if they do concede any liability they will make you aware that they'll be informing your Motor insurers so make sure you've informed them first and that means you need to inform all motor insurers for the next 5 years