Driveway removed, car in a hole - my fault?

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  • deaston
    deaston Posts: 477 Forumite
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    societys_child wrote: »
    Ahh, so you think two wrongs make a right. OK

    You drove onto someone else's land, got stuck and think it's their fault :huh:

    If it was my driveway and my trench, I would have assumed a certain amount of responsibility for not cordoning-off the area. If it was in my garden, behind my fence and gates, then I don't see that I should. But when it's a strip of drive next to a pavement, I'd have the forethought to consider other people.

    I also wouldn't have stormed outside swearing, accusing the driver of having no common sense, and threatening them. Also, if I was that concerned about damage to my property I would have asked that they ensure I was there when removing the vehicle so I can supervise and I'd have taken their name and phone number rather than just a reg number.

    Thankfully, I'm the sort of polite person who doesn't rise to others attitudes. I have no idea what is going on in his life, gave him the benefit of the doubt and didn't answer back or raise my voice in the way he did.

    People make mistakes. They go the wrong way, they miss junctions, they breakdown. I just wish people would remember that and give others a chance.
  • System
    System Posts: 178,094 Community Admin
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    Given there's not a pile of corpses or gouges in the pavement it would suggest that pretty much everyone other than the OP seems to not have had a problem.

    Funny how people who mess up when driving are always quick to blame other people for their comeuppance. Then again everything that goes wrong in your life is someone else's responsibility and not because you cocked up seems to be a principle guiding rule of society nowadays.
  • comeandgo
    comeandgo Posts: 5,744 Forumite
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    Looking at the photo the green fencing should have alerted you to the fact building or groundworks was going on. This is one house I would not have reversed into just for that reason.
  • deaston
    deaston Posts: 477 Forumite
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    comeandgo wrote: »
    Looking at the photo the green fencing should have alerted you to the fact building or groundworks was going on. This is one house I would not have reversed into just for that reason.

    There wasn't any green fencing. What you're referring to is an image from Streetview taken 8 years ago.
  • arcon5
    arcon5 Posts: 14,099 Forumite
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    stator wrote: »
    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.
    Why wouldn't you think he had a valid claim against her if she's caused damage to his property with her car having no reason or permission to be on his property
  • deaston
    deaston Posts: 477 Forumite
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    arcon5 wrote: »
    Why wouldn't you think he had a valid claim against her if she's caused damage to his property with her car having no reason or permission to be on his property

    I think he does have a valid claim against me. But I also think I have a counter-claim that it is not unexpected that a car would pass over the driveway and the trench was in no way marked.

    Plus, there was no sign that said "No turning."
  • societys_child
    societys_child Posts: 7,110 Forumite
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    photome wrote: »
    Except the rear wheels are off the ground
    Are they? Pic I'm looking at appears to show a flat spot on the circumference of the tire, where it's sitting on the floor?

    Or should I be heading down the specsavers . . . ;)
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 13,993 Forumite
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    deaston wrote: »
    I think he does have a valid claim against me. But I also think I have a counter-claim that it is not unexpected that a car would pass over the driveway and the trench was in no way marked.

    Plus, there was no sign that said "No turning."
    That's not going to cut it. I can't seen any circumstances where you have grounds to claim. I doubt he will claim anyway, unless you've caused unseen damage to a cable or pipe, for example.
  • societys_child
    societys_child Posts: 7,110 Forumite
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    Plus, there was no sign that said "No turning."
    What? So every property with a driveway should now have a 'no turning' sign?

    Take some responsibility for your actions.
  • GDB2222
    GDB2222 Posts: 24,670 Forumite
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    There's an implied right to enter the property, and the householder has a duty to ensure reasonable safety. This tank trap has been there for ages, judging by the weeds, and it ought to have been fenced off or made safe. If the OP's car has been damaged by the householder's negligence, he should win his case.

    I can't see any damage to the driveway, so the householder has no conceivable claim against the OP. There are a couple of loose blocks, but not where the car has fallen.

    Of course, if the damage to the car is minimal, it's not worth claiming for. I'd get it put up on a ramp and inspected ASAP, and then decide what to do.
    No reliance should be placed on the above! Absolutely none, do you hear?
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