Who pays?

[Sara_H]

Just wondered what peoples thoughts were.

You may remember back in December when we had the very high winds, a street sign blew off its pole and hit my OH's car as I was driving along.

Turns out the damage to the car (just paintwork) is going to cost a couple of hundred pounds at least, so OH has asked the council to pay. They're refusing saying its not their fault.

I'm a bit surprised. If my property hit someone and caused damage, I'd be expecting to pay out, so had fully expected the council to pay for this.

Any one else have any thoughts.

 

[Flying Dodo]

Unless you could prove the council were negligent in having an insecure sign, then it probably comes under the Act of God scenario, so they wouldn't be liable.

 

[classic33]

Most councils put the signs in place & then forget about them.
Council owned, I'd say council at fault for not making certain the signs were secured correctly.

 

[bikingdad90]

Councils usually refuse 1st time to make it go away with the aim of saving money due to cuts etc.

Think of it as buying a car or negotiating a loan- would either party accept the first offer on the table?

Persevere I would say...

 

[twentysix by twentyfive]

If perseverence fails try the Small Claims Court?

 

[Roadrider48]

As has been said, it's the "act of god" thing. you might be lucky if you push it far enough, but don't hold your breathe.

 

[green1]

Ask for a copy of the maintenance records for the sign. If they can't prove its been inspected and maintained then they are liable.

 

[vernon]

I'm a bit surprised. If my property hit someone and caused damage, I'd be expecting to pay out, so had fully expected the council to pay for this.

Any one else have any thoughts.

You might be expecting to pay out but I bet your insurance company wouldn't be.

A lot of insurance policies have exclusion clauses for extreme weather situations.

 

[Pro Tour Punditry]

Sh*t happens. Stop expecting it to be someone's fault.

 

[swee'pea99]

Sh*t happens. Stop expecting it to be someone's fault.

Bollocks. And bollocks to 'acts of God'. This wasn't a frigging typhoon, it was a bit of nasty weather, like what we get in this country.

The council are responsible for making sure their stuff is safe; if it isn't, and damages a third party, they have to make good. Of course they'll say no as a first response: they're hoping you'll go away and they'll save money. Go to Citizens Advice, follow it through, and I'm sure you'll get compensated. "They're refusing saying its not their fault." Bollocks. Of course it's their fault. And they should pay.

(In the broader view, getting away with it encourages negligence, and that's bad for everyone. What if the bloody thing had hit a child rather than a car?)

 

[Pro Tour Punditry]

Bollocks. And bollocks to 'acts of God'. This wasn't a frigging typhoon, it was a bit of nasty weather, like what we get in this country.

You must have a very short memory, the winds prior to Christmas were not "a bit of nasty weather", they were out-of-the-ordinary.

And what if it had hit a mouse?

 

[Blue]

Reply 8 above may be the closest to the truth here. Reply 5 has equal merit.

Act of God is considered outdated in modern Courts.

I would try again - but make sure you approach the correct authority. For example, I live in NI and the correct people to claim against would be the Department of the Environment, not the council. Don't know what the situation would be in England.

 

[MarkF]

Any one else have any thoughts.

Yes, it triggered off my elephant memory.

At the end of the day, adults make a lifestyle choice to drive a car that impacts negatively on everyone around them in that the rest of us are meant to adjust our behavior in order to accommodate those who choose to drive cars.
My view is (but I've never owned a super fancy car, just average family cars) is that cars get dings in them. Usually they're mysterious and you take it on the chin.

All councils will have general maintenance plan to check, repair and clean road signs. Maybe start from that angle, when was it last checked?

 

[Beebo]

If the sign fell on a person and killed them there would be uproar and eventually the councils insurance would pay out. Go back to the council and ask again, if you have a solicitor friend ask them to write a letter.

 

[pplpilot]

Act of god my arse. fark that. Tell them you're an atheist and you don't recognise that 'clause'