HeadingNorth Posted December 6, 2011 Share Posted December 6, 2011 Highways Act 1980 sounds like a Statute to me. That the skip was illegally placed might be a matter for the police, or council law enforcement, but it will not absolve him from blame for hitting it. There are no possible circumstances under which a stationary object can be held at fault for someone driving into it. Link to comment Share on other sites More sharing options...
Conrod Posted December 6, 2011 Share Posted December 6, 2011 That the skip was illegally placed might be a matter for the police, or council law enforcement, but it will not absolve him from blame for hitting it. There are no possible circumstances under which a stationary object can be held at fault for someone driving into it.I'm reminded of a case many moons ago when a neighbour backed into a friend's car which was parked on the road (in a perfectly legitimate parking spot)opposite her drive. She back out into it, and was furious, demanding that he accept responsibility. It apparently wasn't her fault because it wasn't there the night before when she pulled into her drive! Women drivers, bless 'em. Link to comment Share on other sites More sharing options...
HeadingNorth Posted December 6, 2011 Share Posted December 6, 2011 I'm reminded of a case many moons ago when a neighbour backed into a friend's car which was parked on the road (in a perfectly legitimate parking spot)opposite her drive. She back out into it, and was furious, demanding that he accept responsibility. It apparently wasn't her fault because it wasn't there the night before when she pulled into her drive! One of Jasper Carrott's infamous "accident descriptions from insurance claim forms" referred to a driver backing into the wrong driveway and colliding with a tree he hadn't got. Link to comment Share on other sites More sharing options...
Kadogo Posted December 6, 2011 Share Posted December 6, 2011 That the skip was illegally placed might be a matter for the police, or council law enforcement, but it will not absolve him from blame for hitting it. There are no possible circumstances under which a stationary object can be held at fault for someone driving into it. So it will be OK for me to park my motor on a road after I have removed the rear reflectors then would it ? Link to comment Share on other sites More sharing options...
Conrod Posted December 6, 2011 Share Posted December 6, 2011 One of Jasper Carrott's infamous "accident descriptions from insurance claim forms" referred to a driver backing into the wrong driveway and colliding with a tree he hadn't got. Some of those were wonderful. Link to comment Share on other sites More sharing options...
HeadingNorth Posted December 6, 2011 Share Posted December 6, 2011 So it will be OK for me to park my motor on a road after I have removed the rear reflectors then would it ? That might or might not be an offence, but regardless of whether it is, anyone who drives into your parked car will not be able to blame you for their action. Link to comment Share on other sites More sharing options...
ab6262 Posted December 6, 2011 Share Posted December 6, 2011 had the same situation myself only last year, did £2500 damage to car, make a claim to the skip co insurers, they will probably tell you that the companies excess is around £2500 so need to claim direct from the skip co, do this and the insurers will instruct the skip co to pay up or they will not get insured next year, i got fully paid and made no claim on my insurance, if it wasnt lit permitted or marked then they are liable. pm me if you want details of how to claim Link to comment Share on other sites More sharing options...
foxy lady Posted December 6, 2011 Share Posted December 6, 2011 A few years ago I was driving through Bradway on a foggy wet night and following a VW Polo. Visibility was pretty poor and there were lots of reflaction of oncoming headlights. All of a sudden I was confronted by the VWs brake lights then a huge bang. The guy had driven into a parked skip. The front of the skip was very low and had taken the front wheels off the car and the front of the car was in the skip. Despite being a mere woman I managed to pull up OK and my car suffered no damage whatsover. The police arrived within minutes and were very concerned that the skip was the wrong colour, was in a dangerous place and had no lights or cones etc. It may have been an in inanimate object that the guy hit but I doubt that stopped him claiming for the damage. Link to comment Share on other sites More sharing options...
Kadogo Posted December 6, 2011 Share Posted December 6, 2011 That might or might not be an offence, but regardless of whether it is, anyone who drives into your parked car will not be able to blame you for their action. Well, according to Police Interceptors last night, it is certainly an offence in Essex. Link to comment Share on other sites More sharing options...
HeadingNorth Posted December 6, 2011 Share Posted December 6, 2011 Well, according to Police Interceptors last night, it is certainly an offence in Essex. I say "might or might not" only because I admit to not knowing. But an illegally parked car still can't cause a collision. Whoever drives into it would have to bear their own costs of repair. Link to comment Share on other sites More sharing options...
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