Driveway removed, car in a hole - my fault?

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deaston
deaston Posts: 477 Forumite
in Motoring
Tonight I turned my car in someone's driveway. Their gates were set back from the road about 15ft, and closed. I just turned reversed in front of their gates hoping to turn around.

But the driveway between the pavement and their gates had been dug out, so the back of my car fell into the hole (my partner then had to come in our 4x4 to pull me out). It was dark, raining and I just didn't notice the ground was 12" lower.

The homeowner appeared and started angrily saying he had my reg and would come after me for any damage to his half-constructed driveway.

But, here's the question - should he not have had some warning that the driveway was missing? Cones or signs or a rope or something?
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  • BeenThroughItAll
    BeenThroughItAll Posts: 5,018 Forumite
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    deaston wrote: »
    Tonight I turned my car in someone's driveway. Their gates were set back from the road about 15ft, and closed. I just turned reversed in front of their gates hoping to turn around.

    But the driveway between the pavement and their gates had been dug out, so the back of my car fell into the hole (my partner then had to come in our 4x4 to pull me out). It was dark, raining and I just didn't notice the ground was 12" lower.

    The homeowner appeared and started angrily saying he had my reg and would come after me for any damage to his half-constructed driveway.

    But, here's the question - should he not have had some warning that the driveway was missing? Cones or signs or a rope or something?

    If it's his land, I'd think he can do what he likes with it.
  • worried_jim
    worried_jim Posts: 11,631 Forumite
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    You haven't got a leg to stand on.
  • debtdebt
    debtdebt Posts: 949 Forumite
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    You were in effect a trespasser. You were also driving without due care and attention if you failed to notice a 1ft drop. Your fault, a claim against the homeowner will not succeed.

    If you don't believe me, see if any no win, no fee solicitors will take it on. They won't
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
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    Did you check for any damage to his property and if there was damage did you leave your details?
  • deaston
    deaston Posts: 477 Forumite
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    Well that seems unanimous so far.

    I just wasn't sure if the works should've been fenced off in some way considering it is accessible from a public highway without the need to pass through gates or something similar.

    I feel sorry for anyone walking along the pavement as they risk falling into it or, worse, someone in a wheelchair.

    No, I didn't leave my details as the homeowner was very hostile from the get-go and made it clear he had my reg and would "come after me".

    Thanks for the replies.
  • arcon5
    arcon5 Posts: 14,099 Forumite
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    Lol

    He can get your details easily enough, including your insurers. If you've damaged his property your motor insurers will pay out.

    You will need to declare the incident to them ASAP
  • Lorian
    Lorian Posts: 5,706 Forumite
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    If I were in this position I would be heading back in the daylight to (surreptitiously) take pictures of the both the hole and any damage caused.
  • stator
    stator Posts: 7,441 Forumite
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    I doubt he will be able to make a claim against you. Better just to forget about it from all sides.

    If someone has a driveway, I don't think driving up it is tresspassing unless you've been told not to. Just like walking up someones front path isn't tresspassing.
    Changing the world, one sarcastic comment at a time.
  • deaston
    deaston Posts: 477 Forumite
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    It's difficult to explain the exact circumstances, but I won't have damaged anything (except perhaps a plank of wood that the car physically grounded on). And if I have damaged anything then so be it, it's not the end of the world.

    I'm just amazed someone can dig a large hole alongside a pavement and not need to warn people about it. What about the postman, a courier, a pedestrian etc?
  • Lorian
    Lorian Posts: 5,706 Forumite
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    I would have thought if they have dug all the way out to the pavement (for example to lay a foundation for block paving) the only thing the car is likely to have damaged is the pavement itself, and I guess that's unlikely to belong to the angry person.

    How's the car?
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