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Author minor car damage, not my fault, advice needed.
DarrenGSi
Member

Registered: 11th Jul 05
Location: East Ayrshire Drives: Civic Jordan 381
User status: Offline
   11th Nov 05 at 15:26   View User's Profile U2U Member Reply With Quote

incident:
turning off a main road my car was hit by an empty wheelie bin that the wind had blown about 3 metres onto the road.

Damage:
it has made a large dent on the passenger door with lots of scratches, a small dent just behind the door on the rear quater panel with little scratches and scratched right along the rear arch where in small areas you can see the black plastic.

I have got 3 eye witnesses, 2 in the car behind me and 1 pedestrian, i have contact details for them.

I tried the door of the house the wheelie bin belonged to but no answer.

will get pics of my car up in a moment.

any advice on what i can do as obviously i dont want to pay for it myself as it was unavoidable and completely not my fault.
Whos fault is it though?
Homeowners? Council? or no-ones and i just have to say oh well and get it booked in to a garage out of my own pocket?

any advice appreciated.
Darren
Tom
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Registered: 3rd Apr 02
Location: Wirral, Merseyside
User status: Offline
11th Nov 05 at 15:27   View User's Profile U2U Member Reply With Quote

I'd say you'd be hard pushed to get anyone else to pay for that.
myke
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Registered: 7th Feb 01
Location: High Wycombe, Buckinghamshire
User status: Offline
11th Nov 05 at 15:30   View User's Profile U2U Member Reply With Quote

wtf. the wind blew it out. how are you going to blame anybody else for that?

i know it's annoying because it's not your own doing. same situation if you ran over an animal though. who do you blame then?
LeeM
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Registered: 26th Sep 05
Location: Liverpool
User status: Offline
11th Nov 05 at 15:30   View User's Profile U2U Member Reply With Quote

uninsured driver of the wheelie bin?
freeman(sting)
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Registered: 16th Oct 05
Location: Redcar and Cleveland
User status: Offline
11th Nov 05 at 15:31   View User's Profile U2U Member Reply With Quote

that dude called (nature) is pretty rich id sue him (worth millions)
CCA
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Registered: 6th Dec 04
Location: Somewhere Drives: Not a bloody Vauxhall!
User status: Offline
11th Nov 05 at 15:32   View User's Profile U2U Member Reply With Quote

Do you know if the wheelie bin belonged to a company or the council?
Steve
Premium Member

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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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11th Nov 05 at 15:32   View Garage View User's Profile U2U Member Reply With Quote

it will be classed as an act of god, same as if a tile blew off a roof onto your car
Ant
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Registered: 12th May 02
Location: Hereford and Worcester
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11th Nov 05 at 15:35   View User's Profile U2U Member Reply With Quote

You wont be able to claim of anybody for that as nobody has been negligent its what was known as 'an act of god' prob not called that anymore as its not PC
DarrenGSi
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Registered: 11th Jul 05
Location: East Ayrshire Drives: Civic Jordan 381
User status: Offline
11th Nov 05 at 15:35   View User's Profile U2U Member Reply With Quote

i was thinking as much, i dont want anyone to pay out there pocket cos it isnt there fault and im not claiming on insurance cos of no claims bonus, but cant homeowners claim on building insurance or somethin?

CCA - belongs to council.

just getting pics up.
CCA
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Registered: 6th Dec 04
Location: Somewhere Drives: Not a bloody Vauxhall!
User status: Offline
11th Nov 05 at 15:37   View User's Profile U2U Member Reply With Quote

Im not sure about what to do if it belongs to the council, i know that people around here have claimed for damage to their cars from drain covers etc cracking their alloys.

If the bin had belonged to a business then it is their responsibility to make sure that it is not causing an obstruction and that is does not cause damage.

If i were you call up your local council office and talk to them about it.
City
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Registered: 30th Dec 03
Location: Wakefield Drives: Red GSi
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11th Nov 05 at 15:45   View User's Profile U2U Member Reply With Quote

wtf you cant claim on that
myke
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Registered: 7th Feb 01
Location: High Wycombe, Buckinghamshire
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11th Nov 05 at 15:47   View User's Profile U2U Member Reply With Quote

the council own all wheelie bins that are issued to houses don't they?
call CAB if you think you can persue it.
DarrenGSi
Member

Registered: 11th Jul 05
Location: East Ayrshire Drives: Civic Jordan 381
User status: Offline
11th Nov 05 at 15:48   View User's Profile U2U Member Reply With Quote

scene:

i was driving from right on the picture, turning left up to where the camera is situated, wheelie bin got blown from where it is now(as you can see the blown sand marks around its base where it was sitting) in the direction towards the sign below the window across the road.

Large dent:


Small dent:


Rear arch:
Ally
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Registered: 2nd Jul 03
Location: Pontypool Drives: a Skoda
User status: Offline
11th Nov 05 at 15:51   View User's Profile U2U Member Reply With Quote

See who it belongs to and check with the council, the only way you can claim is if the owner of the bin is supposed to have it in a specific place.

IMO ... what a daft place to put a bin, right on the corner of a road
Ditch
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Registered: 29th Nov 02
Location: St Albans Drives: JDM Celica GT4 WRC
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11th Nov 05 at 16:11   View User's Profile U2U Member Reply With Quote

harsh
mooney
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Registered: 20th Oct 05
Location: north west uk
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11th Nov 05 at 17:55   View User's Profile U2U Member Reply With Quote

how fast was the wheelie bin going?
jamesvalver
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Registered: 21st Feb 03
Location: Bury St Edmunds, Suffolk
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11th Nov 05 at 19:35   View User's Profile U2U Member Reply With Quote

IMO i dont fink u would get very far with a claim but like ally sed, puttin a bin on a junction is a stupid place. if u were 2 try n claim it would b best claimin against the council that empty the bins. its gotta b in the nature of a bin-man that they gotta leave em in stupid places. round here they leave em obstructin ya drive wen trhey supposed 2put them on the grass
mav
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Registered: 19th Jun 01
Location: Scotland
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11th Nov 05 at 19:45   View User's Profile U2U Member Reply With Quote

you could try but to be honest don't think you will get anywhere..

my missus said (used to work in car insurance) you would be very hard pushed to get anywhere....act of god she says..
dannycorsa c
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Registered: 8th Mar 03
Location: manchester (astley/tyldesley)
User status: Offline
11th Nov 05 at 20:19   View User's Profile U2U Member Reply With Quote

as mav says its an act of god. shit happens dude. if it was your wheely bin and some1 elses car you wouldnt wanna pay for the damage would you
Nismo
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Registered: 12th Sep 02
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11th Nov 05 at 20:23   View User's Profile U2U Member Reply With Quote

like everyone else said shit happens , the council will just say not there problem and you should have avoided it,

 
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