Claire Richardson
Member
Registered: 12th Feb 01
Location: West Yorkshire
User status: Offline
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.........for a friend.
His car was parked on a side road then another car parked opposite causing double parking (not an issue in the case tho, just to set the scene) A tranny van squeezes past them both, but catches mates rear bumper pulling in out of the fixings, scratched and dented his rear wing and totally trashed the alloy beyond repair.
The guy wants to settle without going through insurance but will only offer to have the repair work done at a garage he knows (could end up looking worse than it is now!!)
Mate not happy with that Obviously. Then the guy says he wont have a claim because the incident happened on a private road.
Going to check the area tomorrow, but if this is the case and it is a private road, how does he stand?
Has a witness for just after the event, but didnt actually see it happen.
Claire
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
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Might be worth getting quotes at an independent garage or one of your friends choosing and see how they compare. The guy wants to settle to save money, if it doesn't make much difference it he may be swayed to go elsewhere.
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bradfincham
Member
Registered: 20th Sep 02
Location: East Of England Drives: Clio 172
User status: Offline
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private road i think you cant claim!! not sure on that one though
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Claire Richardson
Member
Registered: 12th Feb 01
Location: West Yorkshire
User status: Offline
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Yeah, thats the thing thats causing the problem, the private road bit.
Also, if the guy is wanting to settle without going through insurance, then he cant call the shots of the bodyshop to do it can he.
Could end up anywhere.
Sure the choice should lay with theinjured party so to speak.
Gonna get a couple of quotes tomorrow, one of them being a dealer quote. That wont be a small amount, but if it ends going through insurance, then thats how much he'll have to pay out!!!!
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nickyboy01
Member
Registered: 10th Sep 03
Location: Oxford-ish
User status: Offline
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Yeah the private road bit could be iffy, not sure how insurance see things like that but if he's agreed to pay for it then go for it, jusr make sure the work is done properly, if it looks dodgy just say you'll go thru insurance and see if he squirms, if so then he prolly aint insured
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Thoday
Member
Registered: 12th Jan 03
Location: Drove kitted corsa b now standard corcs c exclusiv
User status: Offline
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define a private road.. a private road i was told is one without an nearby exit to a major road..
ie a farm road thats a mile away from the main road
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BigSte
Member
Registered: 27th Aug 02
Location: Sheffield
User status: Offline
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end of day he caused the damage, shouldnt matter where abouts it happened.
If someone drove on my drive and hit mine I'd still be able to claim, and thats private property in a way
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Paul H
Member
Registered: 11th Aug 03
Location: Lincoln.
User status: Offline
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yeah pretty sure he can claim.it's just the same as someone reversing into you in a supermarket carpark surely
[Edited on 10-07-2004 by chewy]
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Claire Richardson
Member
Registered: 12th Feb 01
Location: West Yorkshire
User status: Offline
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There were other cars in the vecinity so I dont think its as 'private' as he's making out.
It might be an unadopted road ie the council dont maintain it and the residents have to. The council describe these roads as 'privately owned public roads' so unless one of the residents actually owns the road and its in their deeds, then he can go swivle and pay up 
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Adam
Member
Registered: 1st May 01
Location: Hurstbourne Tarrant
User status: Offline
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quote:
Originally posted by Claire Richardson
There were other cars in the vecinity so I dont think its as 'private' as he's making out.
It might be an unadopted road ie the council dont maintain it and the residents have to. The council describe these roads as 'privately owned public roads' so unless one of the residents actually owns the road and its in their deeds, then he can go swivle and pay up
I used to live down one of them and pretty sure you can claim as it's public highway
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vibrio
Banned
Registered: 28th Feb 01
Location: POAH
User status: Offline
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any road not covered by the road traffic act is one that is private. if this is so then the only legal way of gettign money is to sue the driver of teh van for neglagence. if it is a road covered byteh road traffic act I woudl go through your insurance
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