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Car damaged by roadworks sign jutting out into the road

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124

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  • prowla
    prowla Posts: 14,020 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The sign was clearly unsafe.
  • LightFlare
    LightFlare Posts: 1,475 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Unfortunately your pictures aren’t the most helpful to argue your position.

    A better angle would have been from drivers eye level and approx 100ft away (more or less depending on the speed limit)

  • quartzz
    quartzz Posts: 192 Forumite
    Sixth Anniversary 100 Posts Name Dropper Combo Breaker
    Initially reading this thread, I was "sighing" at the number of replies you got which said "tough, it's your fault" - given that that's the purpose of this forum and you had to compensate for someone elses error. re reading the thread, quite a few were constructive
  • 400ixl
    400ixl Posts: 4,482 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Is the bodywork dented as well as scratched? If those are just scratches then you may be able to get a relatively cheap smart repair or just a proper machine polish to get it out.

    May make the hassle of making a claim and declaring it not worthwhile.

    If you are going to have to claim then you have little to lose by trying to go after the council and their contractors for it.
  • Mildly_Miffed
    Mildly_Miffed Posts: 1,635 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    edited 22 October 2024 at 9:02AM
    The pothole is a very good analogy here.

    It's up to us as road users to take reasonable care to not drive into stationary objects. In the middle of roadwork signage, approaching traffic lights, around the time of high winds and a named storm, you should have been on high alert for things like signage that aren't necessarily where you expect them.

    The local authority have a legal duty to ensure that the road is safe - and that duty is tempered by a reasonable response period to being made aware of issues.
    This is clearly a major route, so the response period is short, but it's not ZERO time.

    How long before your collision did the authority become aware of the sign having fallen?
    Doesn't really matter if it was wind or vandalism - they have a period of time to respond. They only become liable if they fail to respond in a reasonable time.

    Is it even the local authority, or is it a trunk road that's National Highways responsibility?
  • 400ixl
    400ixl Posts: 4,482 Forumite
    1,000 Posts Third Anniversary Name Dropper


    Is it even the local authority, or is it a trunk road that's National Highways responsibility?
    Already asked and answered.
  • Bigboppa
    Bigboppa Posts: 85 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    Hi all still awaiting responce from the council. Front scratch has polished out. The rear is a Dent and scratch I've contacted a company for a quote. If I've not had a reply from council early next week I'm going to give them a call to see where I stand but I'm not holding my breath.
  • After a long wait and not hearing from the contractor, I emailed the council again asking them to chase the contractor. Finally today the contractor emailed me asking me to send photo's and a quote for the repair for them to consider/investigate. I will keep this thread  updated as soon as I have any more news.
  • Grumpy_chap
    Grumpy_chap Posts: 18,323 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The Contractor will pass the matter to their insurers.
    The insurers will require evidence to the standard that allows them to assess the claim and make or decline a payout.
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