As I was driving I noticed council workers were doing lawn mowing on the side of the road and then something hit the side of my car causing dents and scratches. There were no cars either side of mine at the time. I notified council immediately and they passed on photos and details of the incident to their insurer who are denying to pay the claim. They are insisting they are not liable So frustrating!!!
2007-12-09 02:19:06 · 4 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
legal liability is NOT the same as claiming on your own car insurance.
if this matter ended up in court, the simple fact is, the court would recognise that the lawnmowing contractor could not spend all day picking up potential projectiles - otherwise he'd get no work done.
if the lanwmower person has picked up obvious projectiles, put signs out etc, they cannot reasonably do anything more than that . if you insist that they should be out there picking up each and every possible projectile, then you are asking for your Council rates to be increased to cover the increased manpower to do exactly that.
the council has an obligation to keep public open space lawn clipped. imagine if that unmowed lawn concealed a large hole and someone broke their ankle from falling into it??
do yourself a favour and claim from your own insurance policy. this is what car insurance is designed for.
2007-12-09 14:46:53 · answer #1 · answered by loving30 4 · 0⤊ 0⤋
The question I'd ask you is: who is responsible for any stone that may come up off the road and chip your windshield? Unfortunately, I think the council's insurers have a point. It may have been coincidental that the council was mowing the verges when you went past and you subsequently discovered damage to your car. No one has any proof as to how those marks got on your car, therefore you cannot make any insurer take responsibility for them.
2007-12-09 10:30:13 · answer #2 · answered by CountTheDays 6 · 0⤊ 0⤋
If the insurance company denied the claim - then you need to notify your insurance company and see if you have the coverage under your policy for your company to take care of the damage (comprehensive).
2007-12-09 10:30:25 · answer #3 · answered by Boots 7 · 0⤊ 0⤋
IT IS PRETTY STUPID BUT THE FACT IS THAT THEY ARE NOT IN THEIR MINDS NOT RESPONSIBLE AND THEY WILL NOT DO ANYTHING FOR YOU.
2007-12-09 10:28:52 · answer #4 · answered by Anonymous · 0⤊ 0⤋