karlak
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 posted on 14/9/11 at 07:37 PM |
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Not Happy, damaged the tintop
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
MK Indy - 2litre Duratec - Omex 600 - Jenvey throttle bodies - ETB DigiDash2
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jollygreengiant
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| posted on 14/9/11 at 07:45 PM |
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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.
Beware of the Goldfish in the tulip mines. The ONLY defence against them is smoking peanut butter sandwiches.
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jacko
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| posted on 14/9/11 at 07:49 PM |
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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
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karlak
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| posted on 14/9/11 at 07:57 PM |
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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 
MK Indy - 2litre Duratec - Omex 600 - Jenvey throttle bodies - ETB DigiDash2
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adithorp
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| posted on 14/9/11 at 09:43 PM |
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At least it was a branch and not a child.
"A witty saying proves nothing" Voltaire
http://jpsc.org.uk/forum/
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Ninehigh
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| posted on 15/9/11 at 12:32 AM |
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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
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ChrisW
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| posted on 15/9/11 at 08:56 AM |
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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
My gaff my rules
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loggyboy
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| posted on 15/9/11 at 10:20 AM |
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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...
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r1_pete
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| posted on 15/9/11 at 10:29 AM |
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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.
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mistergrumpy
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| posted on 15/9/11 at 12:11 PM |
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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.
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Bluemoon
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| posted on 15/9/11 at 12:35 PM |
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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....
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mistergrumpy
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| posted on 15/9/11 at 12:42 PM |
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And if the distance that you see is severly shortened then your speed should be severely lowered to reflect it.
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jossey
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| posted on 15/9/11 at 02:12 PM |
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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.....
Thanks
David Johnson
Building my tiger avon slowly but surely.
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AdamR
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| posted on 15/9/11 at 03:39 PM |
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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
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karlak
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| posted on 15/9/11 at 03:47 PM |
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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...........
MK Indy - 2litre Duratec - Omex 600 - Jenvey throttle bodies - ETB DigiDash2
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karlak
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| posted on 15/9/11 at 03:50 PM |
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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.
MK Indy - 2litre Duratec - Omex 600 - Jenvey throttle bodies - ETB DigiDash2
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r1_pete
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| posted on 15/9/11 at 05:54 PM |
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Good luck with your claim.
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Mark Allanson
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| posted on 15/9/11 at 07:04 PM |
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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.
If you can keep you head, whilst all others around you are losing theirs, you are not fully aware of the situation
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