Council damaged my car!

bobmc · June 4, 2018

A couple of days ago, I was driving along when I passed somebody on a mechanical ride-on grass cutter doing the roadside verges when I heard a big thwack as a stone/rock hit my passenger door.

The incident is recorded on my dashcam - or at least you can see the mower as I approach and hear the impact as I pass by.

It's left a significant dent and paint chip which has left me fuming. I've been in touch with the council who have eventually responded by asking me to fill in a form where they make a point of saying they have defended over 85% of all claims made against them. Hardly encouraging is it?

However, their form requires the submission of paid invoices for the repair and also asks if I am claiming on my insurance.

I'm conflicted as to how to proceed. I didn't want to involve my insurers as it will hike my premiums next year and the cost of repair is likely to be less than my excess in any case but it looks like this will be how I have to proceed.

Has anyone else been in a similar situation or can offer any advice

rayaans · June 4, 2018

7 minutes ago, bobmc said:

A couple of days ago, I was driving along when I passed somebody on a mechanical ride-on grass cutter doing the roadside verges when I heard a big thwack as a stone/rock hit my passenger door.

The incident is recorded on my dashcam - or at least you can see the mower as I approach and hear the impact as I pass by.

It's left a significant dent and paint chip which has left me fuming. I've been in touch with the council who have eventually responded by asking me to fill in a form where they make a point of saying they have defended over 85% of all claims made against them. Hardly encouraging is it?

However, their form requires the submission of paid invoices for the repair and also asks if I am claiming on my insurance.

I'm conflicted as to how to proceed. I didn't want to involve my insurers as it will hike my premiums next year and the cost of repair is likely to be less than my excess in any case but it looks like this will be how I have to proceed.

Has anyone else been in a similar situation or can offer any advice

Get a quote from a smart repairer/bodyshop, make a copy and send it in with the letter

It'd be utterly stupid to try and claim that off insurance if your excess is higher than the cost.

If all else fails, just sort it out yourself

steve2006 · June 4, 2018

Did the lawn tractor have registration plates fitted? If so it is also classed as a road vehicle and you need to exchange details with the other party or report the incident to the police. You can then write to the council (ignore the online form) addressing the claim to the Chief Executive giving details of the incident and informing them that you are holding them liable for the damage caused by their vehicle and providing a quote for repairs.

Typical scaremongering by the council...they may indeed defend 85% of claims made against them but how many are actually successful?

Britprius · June 4, 2018

I would pursue your claim against the council stating you have reasonable evidence from your dash cam.

Tell the council you are prepared to take the issue to the small claims court. Point out that the type of grass cutting equipment being used was not of a type that was suitable for use in close proximity to cars, and people "pedestrians" as this could have been much more serious had your window been open, and the stone went a little higher or the "stone" hit someone.

Asking what risk assessment was carried out on the equipment used for the safety of the public in the vicinity of it's use and what measures were taken to prevent objects from being ejected from the machine as this is common with rotary cutting equipment.

John

bobmc · June 4, 2018

1 hour ago, steve2006 said:

Did the lawn tractor have registration plates fitted? If so it is also classed as a road vehicle and you need to exchange details with the other party or report the incident to the police. You can then write to the council (ignore the online form) addressing the claim to the Chief Executive giving details of the incident and informing them that you are holding them liable for the damage caused by their vehicle and providing a quote for repairs.

Typical scaremongering by the council...they may indeed defend 85% of claims made against them but how many are actually successful?

No sign of plates on the mower. Yes, I noticed the terminology used 'defend' rather than 'won' or indeed 'reject'

bobmc · June 4, 2018

1 hour ago, Britprius said:

I would pursue your claim against the council stating you have reasonable evidence from your dash cam.

Tell the council you are prepared to take the issue to the small claims court. Point out that the type of grass cutting equipment being used was not of a type that was suitable for use in close proximity to cars, and people "pedestrians" as this could have been much more serious had your window been open, and the stone went a little higher or the "stone" hit someone.

Asking what risk assessment was carried out on the equipment used for the safety of the public in the vicinity of it's use and what measures were taken to prevent objects from being ejected from the machine as this is common with rotary cutting equipment.

John

Yes indeed, I would estimate the height of the impact would be similar to head height for a child in a push chair.

Hadrian · June 4, 2018

Can you prove negligence on behalf of the grass cutter ?

bobmc · June 4, 2018

10 minutes ago, Hadrian said:

Can you prove negligence on behalf of the grass cutter ?

I'm not sure, I have 10 seconds of video evidence and the damage to my car. I suppose I would need to know if there should have been some kind of mesh or screen on the mechanism to prevent largish objects been ejected that was missing at the time of the incident.

steve2006 · June 4, 2018

Perhaps a Freedom of Information Request for the risk assessment related to the work being carried out to the council may put the wind up them.

Another route if you have the legal aid option either on your vehicle or home insurance policy is to get them to persue the claim on your behalf.

Malc · June 5, 2018

you might of course need to be able to establish that the specific damage wasn't pre-existing too !

Malc

mrfunex · June 5, 2018

I’d say good luck proving that damage was from the lawnmower. Be interesting to hear how you get on though.

If it were me, I’d get a smart repair and move on with life. It’s just one of those things....

bobmc · June 5, 2018

4 minutes ago, mrfunex said:

I’d say good luck proving that damage was from the lawnmower. Be interesting to hear how you get on though.

If it were me, I’d get a smart repair and move on with life. It’s just one of those things....

1 hour ago, Malc said:

you might of course need to be able to establish that the specific damage wasn't pre-existing too !

Malc

whats with all the negativity?

Malc · June 5, 2018

1 minute ago, bobmc said:

whats with all the negativity?

just reality when one is claiming for a car damage issue

Malc

rayaans · June 5, 2018

2 hours ago, bobmc said:

whats with all the negativity?

Its quite difficult really because he could say he was just doing his job and its not his fault that a stone decided to project out of the lawnmower.

"Act of God" or the newer term "outside of human control" might apply.

bobmc · June 5, 2018

I've just completed the form for the council. I've noted that I feel they are liable because a) the equipment should have been fitted with a functional and effective stone guard and that b) the direction of the work should have been orientated so that the ejection of debris did not put pedestrians and road users at risk of injury.

I don't feel this is outside of reasonable risk assessment and mitigation given the circumstances.

My dilemma at the moment is what effect reporting a non-claim incident to my insurers will have at next years renewal.

Britprius · June 12, 2018

On 6/5/2018 at 12:48 PM, bobmc said:

I've just completed the form for the council. I've noted that I feel they are liable because a) the equipment should have been fitted with a functional and effective stone guard and that b) the direction of the work should have been orientated so that the ejection of debris did not put pedestrians and road users at risk of injury.

I don't feel this is outside of reasonable risk assessment and mitigation given the circumstances.

My dilemma at the moment is what effect reporting a non-claim incident to my insurers will have at next years renewal.

Ask them, and if it will put up your premium ask by how much over the next 5 years, and add it to your costs from the council. Negligence by someone else should not cost you money.

John.

bobmc · June 13, 2018

True to form, I'm being bounced around.

The local council referred me to the district council, who have now just replied and referred me to the parish council - who, no doubt, will refer me to their subcontractors.

🤬

Verbout · June 13, 2018

There is some silly advice and silly opinions being given on this subject.

Fill in the form, which you have done, or send a letter outlining your case. Simple as that.

If you come up against a brick wall threaten them with the small claims court, and put time limits on when you expect their replies.

You don’t need to do FOI Act requests or requests for risk assessments at this point, if you ever will need to.

Keep it simple, send them an invoice for repair, tell them you have video evidence, are willing to go to court to recover costs and the matter will find its way to the legal department.

bobmc · July 1, 2018

Just an update on this topic.

I refused to go away and jumped through all the hoops I was presented with. Eventually got refered to the MD of the company who were sub-contracted to the council who agreed to pay the cost of repairs. Just been paid by bank transfer this week.

Now I just need to book it in for the repair. 😀