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Traffic accident with a skip


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I say "might or might not" only because I admit to not knowing. :thumbsup:

 

But an illegally parked car still can't cause a collision. Whoever drives into it would have to bear their own costs of repair.

 

You are right about that but I think with a skip it is a different matter as other rules and regulations come into play, bit of a tricky one but no harm in trying to recoup some costs.

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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 ?

 

No but if someone hit's your stationary vehicle after you have done so would you accept responsibility for the fact they'd passed most of your car and then hit the front wing?:D

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You are right about that but I think with a skip it is a different matter as other rules and regulations come into play

 

As far as the legal placement of skips goes, yes.

 

 

As far as a driver colliding with a stationary object, no. That is always and exclusively the driver's fault. Stationary objects cannot cause a colllision, since by definition they do not move!

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After been a skip driver for 26 years this reply by one of the posters hits the mark for me.

 

"You make it sound like the skip drove into you, after 25 years of driving you should by now be able to drive past a stationary object without hitting it. I agree with Rupert_Baehr you may have a case if it was illegally positions but the money it will cost to pursue it would be better spent on advanced driving lessons paying particular attention to clearance to obstacles and approaching hazards."

 

 

Good post and on the money.

 

Regards

 

Angel.

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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.

 

Wasn't quite same if I read it correctly, they'd passed most of it before they hit it so they knew it was there

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Wasn't quite same if I read it correctly, they'd passed most of it before they hit it so they knew it was there

 

Exactly the point.

The driver in Bradway was driving in difficult conditions and hit an illegally placed skip that he hadn't seen. It isn't the same as hitting an illegally placed skip that you were fully aware was there. There isn't much point in claiming that the skip didn't have the correct lights and correct cones if you had seen it was there anyhow. Those things are required to make you aware of a skip. But become a mere technicality when you know of its presence.

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As far as the legal placement of skips goes, yes.

 

 

As far as a driver colliding with a stationary object, no. That is always and exclusively the driver's fault. Stationary objects cannot cause a colllision, since by definition they do not move!

 

I know they can't move and cause a collision but they can be the cause of one and isn't the law that a car can't park within so many metres of any junction and the op says the skip parked near a junction.

To the OP, how far from the junction was the skip ilegally parked?

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After been a skip driver for 26 years this reply by one of the posters hits the mark for me.

 

"You make it sound like the skip drove into you, after 25 years of driving you should by now be able to drive past a stationary object without hitting it. I agree with Rupert_Baehr you may have a case if it was illegally positions but the money it will cost to pursue it would be better spent on advanced driving lessons paying particular attention to clearance to obstacles and approaching hazards."

 

 

Good post and on the money.

 

Regards

 

Angel.

 

What are your thoughts regarding the skip having no permit, lights or reflective markings and parked close to a junction?

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I know they can't move and cause a collision but they can be the cause of one and isn't the law that a car can't park within so many metres of any junction and the op says the skip parked near a junction.

To the OP, how far from the junction was the skip ilegally parked?

 

It was about 2 metres.

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It was about 2 metres.

 

Ab6262 in post 27 says he has made a claim for hitting a skip and got paid out, he asks you to pm if you want to know more so I would pm ab6262 to see how to go about it.

This link tells you more about parking near a junction and it is saying at least 10 metres away from a junction= http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069860

Get some legal advice off one of the many claims companies that are about and see what they say.

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