Council Wheelie Bin damaged my car

ukbaz

My car was hit by a wheelei bin rolling out into the road as I was driving by on Sunday 20th October 2024 during the widely notified Storm Ashley that now appears as an 'at fault' in CUE database. 

Dashcam footage of the incident can be viewed at the following link:

https://www.dropbox.com/scl/fi/syn4ifygl34wthnq3ug4z/Newhaven-All-Bins-720p.mp4?rlkey=5ob1li8kyutqio9sspc581po0&e=2&dl=0

As you can see, the pavements are littered with untethered wheelie bins, despite the fact that bin collection day for this area is made on Fridays. I could take no avoiding action due to oncoming traffic.

Despite council policy being that bins should be stored within the bounds of the property until being placed on the pavement on collection day, I can attest that they are permanently left on the pavement at all times and have been for some years.

I phoned customer services on the Monday after the accident to inform them what had happened and still the bins remain on the pavement constantly.

According to government advice, councils can take the following action under section 46a of the Environmental Protection Act 1990.

Councils CAN issue fixed penalties when people leave wheelie bins on the pavement if:

• It causes an obstruction such as forcing people with wheelchairs or pushchairs to go on the road;
• Bins are left out for several days, restricting access to the pavement or street; 
• Bins and/or bin bags are likely to attract vermin; 
• Bins are overturned or damaged and it looks unsightly.

Thanks to The Council totally ignoring this issue by non-enforcement, or by making residents use gull-proof sacks that are advised in areas where wheelie bins are unsuitable, or simply asking residents to tether bins with a cheap bungee cord my vehicle sustained damage of approximately £6000 and my renewal premium has shot up through no fault of my own and will be considerably more for some years as a result.

Since we are now enduring more periods of storm force winds there is a strong possibility that this could happen again unless action is taken to ensure that wheeled bins cannot suddenly move across the road. Should a small child be passing if/when it happens again does not bear thinking about!

Can anyone share any info on who is legally responsible?

flaneurs_lobster

What is your insurer's attitude to you driving during a period when the Police advice was "Do not travel?"

ukbaz

flaneurs_lobster said:

What is your insurer's attitude to you driving during a period when the Police advice was "Do not travel?"

That did NOT extend to the area I live in - thank you!

cw8825

ukbaz said:

My car was hit by a wheelei bin rolling out into the road as I was driving by on Sunday 20th October 2024 during the widely notified Storm Ashley that now appears as an 'at fault' in CUE database. 

Dashcam footage of the incident can be viewed at the following link:

https://www.dropbox.com/scl/fi/syn4ifygl34wthnq3ug4z/Newhaven-All-Bins-720p.mp4?rlkey=5ob1li8kyutqio9sspc581po0&e=2&dl=0

As you can see, the pavements are littered with untethered wheelie bins, despite the fact that bin collection day for this area is made on Fridays. I could take no avoiding action due to oncoming traffic.

Despite council policy being that bins should be stored within the bounds of the property until being placed on the pavement on collection day, I can attest that they are permanently left on the pavement at all times and have been for some years.

I phoned customer services on the Monday after the accident to inform them what had happened and still the bins remain on the pavement constantly.

According to government advice, councils can take the following action under section 46a of the Environmental Protection Act 1990.

Councils CAN issue fixed penalties when people leave wheelie bins on the pavement if:

• It causes an obstruction such as forcing people with wheelchairs or pushchairs to go on the road;
• Bins are left out for several days, restricting access to the pavement or street; 
• Bins and/or bin bags are likely to attract vermin; 
• Bins are overturned or damaged and it looks unsightly.

Thanks to The Council totally ignoring this issue by non-enforcement, or by making residents use gull-proof sacks that are advised in areas where wheelie bins are unsuitable, or simply asking residents to tether bins with a cheap bungee cord my vehicle sustained damage of approximately £6000 and my renewal premium has shot up through no fault of my own and will be considerably more for some years as a result.

Since we are now enduring more periods of storm force winds there is a strong possibility that this could happen again unless action is taken to ensure that wheeled bins cannot suddenly move across the road. Should a small child be passing if/when it happens again does not bear thinking about!

Can anyone share any info on who is legally responsible?

the council is not responsible
you would realistically have to pursue the home owner
issue is they have not been negligent  
iif the premium has gone up, it is partly down to you making the choice to drive in those winds, on this occasion it was a bin but it could have been something else 

mr_stripey

flaneurs_lobster said:

What is your insurer's attitude to you driving during a period when the Police advice was "Do not travel?"

I usually quite like your answers, but this one seems a little flippant. Even under Red Weather warning conditions it is only an advisory and no legal basis for compelling someone to stay at home. From what I understand car insurance is not invalidated under such conditions and indeed there are plenty of people who need to be on the roads even in bad weather.

Baldytyke88

ukbaz said:

Councils CAN issue fixed penalties when people leave wheelie bins on the pavement if:

• It causes an obstruction such as forcing people with wheelchairs or pushchairs to go on the road;
• Bins are left out for several days, restricting access to the pavement or street; 
• Bins and/or bin bags are likely to attract vermin; 
• Bins are overturned or damaged and it looks unsightly.

If you Google you will find the odd case where someone has been taken to court, but that is really rare.

I don't think you will get anywhere with this.

Binmen in my area seem to be able to do whatever they want, with Joe Public not far behind.

flaneurs_lobster

mr_stripey said:

flaneurs_lobster said:

What is your insurer's attitude to you driving during a period when the Police advice was "Do not travel?"

I usually quite like your answers, but this one seems a little flippant.

Of course it's flippant! 

I drive my car about during high winds and something gets blown into my car causing damage.

My attitude - !!!!!! happens, oh well.

@ukbaz attitude - "who is legally responsible?"

Tucosalamanca

flaneurs_lobster said:

mr_stripey said:

flaneurs_lobster said:

What is your insurer's attitude to you driving during a period when the Police advice was "Do not travel?"

I usually quite like your answers, but this one seems a little flippant.

Of course it's flippant! 

I drive my car about during high winds and something gets blown into my car causing damage.

My attitude - !!!!!! happens, oh well.

@ukbaz attitude - "who is legally responsible?"

And 'think of the children'

ukbaz

flaneurs_lobster said:

mr_stripey said:

flaneurs_lobster said:

What is your insurer's attitude to you driving during a period when the Police advice was "Do not travel?"

I usually quite like your answers, but this one seems a little flippant.

Of course it's flippant! 

I drive my car about during high winds and something gets blown into my car causing damage.

My attitude - !!!!!! happens, oh well.

@ukbaz attitude - "who is legally responsible?"

You might feel somewhat different if you premium was affected by several hundreds of pounds matey- did you actually watch the video?

ukbaz

Tucosalamanca said:

flaneurs_lobster said:

mr_stripey said:

flaneurs_lobster said:

What is your insurer's attitude to you driving during a period when the Police advice was "Do not travel?"

I usually quite like your answers, but this one seems a little flippant.

Of course it's flippant! 

I drive my car about during high winds and something gets blown into my car causing damage.

My attitude - !!!!!! happens, oh well.

@ukbaz attitude - "who is legally responsible?"

And 'think of the children'

So have you never seen very small kids running along the pavement ahead of their parents? I have several times. Do you not think it possible a moving bin could knock them over?

Tucosalamanca

I bought mine Hulk costumes, bins just bounce off them now.