Possible Legal Advice - Collision

14 replies
Found 25th Jul 2008
My friend was driving on an industrial estate, to see a client, and was reversing back to get out when he collided with a sawn off metal stump that was sticking out of the ground. See pictures in next post for more details.

After he had collided, the person who owned the garage in the background, came rushing out to place things around the post, making it more visible.

Basically, is there any comeback on this, or is it just one of those things?

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14 Comments

Original Poster

http://img76.imageshack.us/img76/7135/24072008866hd5.jpg

http://img378.imageshack.us/img378/5697/24072008867xy8.jpg

http://img180.imageshack.us/img180/2189/24072008869fm9.jpg

ouch!

depends who owns the 'stump' and whos responsible for safety on the industrial estate, isn't is usually a tenant/landlord situation?

Banned

own fault one of those things, he must have been in a hurry not to see that, would be cheaper on his no claims if he has any to just replace himself. Will only be a few clips, screws holding it on.

I imagine a claim could be made in this case. It's in the middle of carpark for a start, and it wasn't properly 'labelled' as a danger. Height also might have something to do with this ... don't know, but I would certainly be looking at the options on this one.

Banned

looks like you were on private property, but It would be worth speaking to an legal eagle who might find a loophole.

Banned

Liddle ol' me;2602912

I imagine a claim could be made in this case. It's in the middle of … I imagine a claim could be made in this case. It's in the middle of carpark for a start, and it wasn't properly 'labelled' as a danger. Height also might have something to do with this ... don't know, but I would certainly be looking at the options on this one.



ever read this sign "We take no responsibility for loss or damage to your vehicle whilst parked here" :whistling: Might we worth a call to your insurance if you have legal advice included, but don't tell them you have had an accident premiums go up.

Won't help his case that the pictures show a big orange cone, as it will be his word against the garage owners about the cone been there to begin with. Unless he can find someone in the estate to back him up or CCTV evidence etc

lumoruk;2602904

he must have been in a hurry not to see that.



When you are in a car it is very difficult to see a piece of metal 2 feet high that is behind the car.

Banned

Wahahaha

Should of gone to Specsavers

Banned

own fault IMHOI. Must have seen it on the way in and maybe getting back into the car. Harsh but just one of those things although I'd encourage the 'owner' to saw it off!

I still think this case is worth a challenge. At the very least, it might prompt the owners to take responsibility for and remove something that is clearly a danger. Or at least mark it properly with something high enough to be seen clearly by drivers.

Banned

Liddle ol' me;2603026

I still think this case is worth a challenge. At the very least, it … I still think this case is worth a challenge. At the very least, it might prompt the owners to take responsibility for and remove something that is clearly a danger. Or at least mark it properly with something high enough to be seen clearly by drivers.



Some bollards are around that height but you don't see people smashing into them lol

wierdowoss;2603056

Some bollards are around that height but you don't see people smashing … Some bollards are around that height but you don't see people smashing into them lol



apples and pears. Bollards aren't randomly placed in the middle of car parks. They serve a purpose and are usually clearly visible at entrances / boundaries etc.

Banned

Liddle ol' me;2603026

Or at least mark it properly with something high enough to be seen … Or at least mark it properly with something high enough to be seen clearly by drivers.



Looks like it has been painted yellow and black :thumbsup: nah i do I agree with you though, needs to be a better visual sign age.
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