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Not Happy, damaged the tintop
karlak - 14/9/11 at 07:37 PM

Heading into a village near me through a 30 zone and suddenly noticed that a tree/bush was obstructing the nearside of the road, as there was a car coming I didnt have time to either brake or swerve.

Ended up with multiple scratches on every nearside panel and wing mirror.

I have just reported it to the council (but only had a pothole form) - I am hoping the council will be liable for this, but not holding out much hope


Sh*t Sh*t Sh*t


jollygreengiant - 14/9/11 at 07:45 PM

Stop holding your breath it will do you no good, only harm. They can hold their breath longer.


Go straight to your own insurance company if fully comp as all damaged panels will need respraying and it will work out at somewhere around £100 per panel.


jacko - 14/9/11 at 07:49 PM

quote:
Originally posted by karlak
Heading into a village near me through a 30 zone and suddenly noticed that a tree/bush was obstructing the nearside of the road, as there was a car coming I didnt have time to either brake or swerve.

Ended up with multiple scratches on every nearside panel and wing mirror.

I have just reported it to the council (but only had a pothole form) - I am hoping the council will be liable for this, but not holding out much hope


Sh*t Sh*t Sh*t


Its the responsibility of the council to cut back trees ect for buses so why not for cars i would say you have a good clam


karlak - 14/9/11 at 07:57 PM

I reckon the tree has fallen or blown over in the last couple of days with the High Winds - I guess that will be there 'get out' clause - act of god,, so to speak

Oh well, could have been worse I spose


adithorp - 14/9/11 at 09:43 PM

At least it was a branch and not a child.


Ninehigh - 15/9/11 at 12:32 AM

May I suggest something like t-cut, only that actually gets scratches out.

I've been told the Vauxhall factory have something that works wonders, but as it was none of us that work there we've no idea what it's called


ChrisW - 15/9/11 at 08:56 AM

A mate of mine hit a tree that had fallen into the road and sucessfully claimed against the council. However, he was able to prove that the tree had been dead for a long time and therefore that the council were negligent in that their team that prunes the trees had not noticed that it was becoming rotten enough to fall and needed removing.

Chris


loggyboy - 15/9/11 at 10:20 AM

Depends on if the tree/bush was effected by the recent storms.
If just over grown you will have a case, if effected by weather then 2 hopes...


r1_pete - 15/9/11 at 10:29 AM

I'm sorry I don't get this at all, you ran into an inane stationary item and wish to blame someone else? If it were a parked car, would you attempt to transfer the blame, surely if you couldn't stop for something in the road which you saw in advance, you were driving too fast.


mistergrumpy - 15/9/11 at 12:11 PM

Sorry to say but that's what I was thinking ^. If you were travelling at 30 mph and then couldn't brake or swerve for a stationary bush then it would appear that you may have been speeding, driving more than 30mph or driving without paying attention.


Bluemoon - 15/9/11 at 12:35 PM

quote:
Originally posted by mistergrumpy
Sorry to say but that's what I was thinking ^. If you were travelling at 30 mph and then couldn't brake or swerve for a stationary bush then it would appear that you may have been speeding, driving more than 30mph or driving without paying attention.


Maybe not, but you should be able to stop in the distance you can see....


mistergrumpy - 15/9/11 at 12:42 PM

And if the distance that you see is severly shortened then your speed should be severely lowered to reflect it.


jossey - 15/9/11 at 02:12 PM

ACT OF GOD. sue god.

sorry pal.

If your ok look at what could have happened. its not the councils responsibility to remove trees unless they endanger or block roads or pathments inline with duty of care. This has to be done inline with reasonable time. (no actual time is given)

But given they will have had alot of trees to sort and damage and maybe a member of the public has not made the council aware there is very little you can do and claim against.

even if they left it 2 weeks they will state they havent been made aware of it and thats all.

Also if you didnt notice it till it was too late to stop or monouveour around it wouldnt that be covered under driving without due care and attention to the conditions of the road.....


AdamR - 15/9/11 at 03:39 PM

quote:
Originally posted by adithorp
At least it was a branch and not a child.


quote:
Originally posted by r1_pete
I'm sorry I don't get this at all, you ran into an inane stationary item and wish to blame someone else? If it were a parked car, would you attempt to transfer the blame, surely if you couldn't stop for something in the road which you saw in advance, you were driving too fast.


quote:
Originally posted by mistergrumpy
Sorry to say but that's what I was thinking ^. If you were travelling at 30 mph and then couldn't brake or swerve for a stationary bush then it would appear that you may have been speeding, driving more than 30mph or driving without paying attention.


+1 to all of the above


karlak - 15/9/11 at 03:47 PM

Spoke to the council who were very helpful and grateful for me contacting them.

Actually, it is their responsibility to make sure the highway is clear and does not pose a threat to road users.


I reckon the vast majority of people would have ended up hitting the obstruction - well, actually I think many would have panic'd and had a head on with the opposite car. Just a combination of circumstances and timing with the light conditions, country lane and the other vehicle..


Thanks for all the advice guys...........


karlak - 15/9/11 at 03:50 PM

quote:
Originally posted by r1_pete
I'm sorry I don't get this at all, you ran into an inane stationary item and wish to blame someone else? If it were a parked car, would you attempt to transfer the blame, surely if you couldn't stop for something in the road which you saw in advance, you were driving too fast.


Just to pick up on this,, Councils payout millions for pothole damage to vehicles each year.. Can't say I have ever seen a pothole that isnt stationary and without doubt most are inane


For gawds Sake the tree was perhaps 2ft in the road not the width of a car - which would have had reflectors etc and not blended into the background of a country lane. Ofcourse a car would have been seen.


r1_pete - 15/9/11 at 05:54 PM

Good luck with your claim.


Mark Allanson - 15/9/11 at 07:04 PM

quote:
Originally posted by jollygreengiant
Stop holding your breath it will do you no good, only harm. They can hold their breath longer.


Go straight to your own insurance company if fully comp as all damaged panels will need respraying and it will work out at somewhere around £100 per panel.



£100 per panel, I think you may be a few years out of date! I would kick the ass of any estimator who got less than £200 which is just abouit the baseline of profitability, just the paint for one panel would be about £85 these days.