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Road Accident - Council Liability


AudiPartner
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So I just crashed my car in to the car in front. frown.gif

Then of course my girlfriend who was following crashed her car, in to me. So, so pleased. smirk.gif

Here's what happened...

As we all approached the crossroads (my car, the car in front, and the car behind), very slowly due to rain and traffic, the car in front slowed even further at the noise of sirens. Not knowing what direction the Police were coming from she slowed even more. Now doing no more than 10mph she stopped to allow the approaching Police to cross the junction we we're practically on top of. As you would, I simply attempted to stop behind her. Only I couldn't, skidding in to the back of her. My heart sunk as I made contact with the back of her car, sinking further still when the massive bang followed a second later. Yep my girlfriend had gone in to the back of me.

How the feck do you lock up doing less than 10 miles and hour??? Diesel, thats how. mad.gif

So the Smart Car that I hit suffered minimal damage and will hopefully just require a rear bumper, if that. I will require a new front bumper and possibly a new intercooler. I also require a back bumper, a boot lid, two new lights and I dread to think what else. The boot doesn't close and the inside of the boot is also heavily dented.

Girlfriends 306 will require a bonnet, front bumper and radiator. Also BOTH her airbags went off.

Now ordinarily I would have been able to stop as would my girlfriend. The reason all three of us skidded (including the Smart) was because of the diesel on the road.

The Police noted the spillage and notified the council. Within 30-40 minutes they arrived to deal with it.

Will the Council accept liability? It just seems so unfair that we should all have to claim/pay for the damage it has caused.

What do you think??

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Will the Council accept liability? It just seems so unfair that we should all have to claim/pay for the damage it has caused.

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Your words say it all - unfair. The council will not be responsible, especially as it was raining. frown.gif

Ian

PS. You have a pm.

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The council cant take responsibility for that I am afraid, who is to say that a vehicle didnt spill the diesel seconds before you got to the location, nothing the council could do about it frown.gif

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Yeah, points taken (and agreed with). Its just so annoying knowing that was what has caused this nightmare.

Oh well. frown.gif

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Diesel and water do not mix crazy.gif

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Actually they do, and what it creates is something 74 times more slippery than ice!

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Actually they don't. Here comes the science...... tongue.gif

Diesel on bone dry asphalt will seep into the cracks and dips and pits in the surface. If it rains, denser water will displace the diesel, which floats to the surface. Same principle as putting ice in a glass and then filling it with liquid - the ice floats to the surface. This diesel-over-water immediately completely coats your tyres, as the water at the bottom pushes the floating diesel right into your tread pattern.

Ian

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[ QUOTE ]

As we all approached the crossroads (my car, the car in front, and the car behind), very slowly due to rain and traffic, the car in front slowed even further at the noise of sirens. Not knowing what direction the Police were coming from she slowed even more. Now doing no more than 10mph she stopped to allow the approaching Police to cross the junction we we're practically on top of. As you would, I simply attempted to stop behind her. Only I couldn't, skidding in to the back of her. My heart sunk as I made contact with the back of her car, sinking further still when the massive bang followed a second later. Yep my girlfriend had gone in to the back of me.

How the feck do you lock up doing less than 10 miles and hour??? Diesel, thats how. mad.gif

So the Smart Car that I hit suffered minimal damage and will hopefully just require a rear bumper, if that. I will require a new front bumper and possibly a new intercooler. I also require a back bumper, a boot lid, two new lights and I dread to think what else. The boot doesn't close and the inside of the boot is also heavily dented.

Girlfriends 306 will require a bonnet, front bumper and radiator. Also BOTH her airbags went off.

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Very bad luck mate. Agree with above advice though, how could it possibly be the councils fault? confused.gif

Also staggered at the amount of damage and two air bags going off given speeds of less than 10mph. crazy.gif

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Well my insurance company seem to think we'll be claiming from the council.

Having thought about it myself, surely the council have some sort of insurance to cover things like this? And presumably its our road tax that probaby pays for it.

Granted its not their fault as such, but its not ours either.

I'll keep you posted on the progress.

@ Ari, you're right about the damage, I ws amazed. My girlfriend said she felt like her car was alomost speeding up as we skidded! crazy.gif

Hold up, I'll get a picture up...

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I honestly can't help thinking your girlfriend must have been doing much more than 10mph. I had a Ford Escort drive into the back of my Audi A3 a few years ago when I stopped at some lights and he didn't. His car was a bit punched in the nose (but certainly no air bags deployed), and my car escaped with a scratch on the rear bumper and no actualy damage to the bumper other than that and certainly no bodywork damage.

Also amazed that you can claim off the council unless they can be proved liable. How are they liable..? confused.gif

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She was directly behind me and I know what speed I was doing. If she dropped back I suppose she could have accelerated but she'd have been doing 15mph tops but certainly no more. Even at just 10 - 15 mph it you brake hard and lose all traction thats a fair impact into a stationary car.

Don't argue with me, you weren't there!! tongue.gif

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Maybe she hit the wrong pedal! grin.gif

Seriously though, you'd have to really slam into a car to distort the bodywork so badly that you can't even shut the boot and set off the air bags! Compare that with the damage you inflicted on the Smart!

But as you say, I wasn't there so hey ho.

Still can't quite get my head around it all being the councils fault though, be interested to hear how you get on with that one.

Good luck anyway, and hope it all gets sorted out ok and with minimum hassle and financial pain.

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Here she blows...

DSC00497.jpg

Ari, don't forget some cars are a LOT stronger than others. I had a girl in a Citroen AX hit me in my M3. Her bonnet folded in half like a piece of paper. My bumper had a scuff on it. Subaru's are cheap cars. smirk.gif

And I appreciate what your saying about the council. The bottom line is we don't know so like you say we'll have to wait and see. The point I was making is that they must have some sort of "public liabilty" to cover accidents like this. Like you can claim for tyres if you get a blow out as a result of a pothole.

Oh well, watch this space... 169144-ok.gif

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Here she blows...

DSC00497.jpg

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Ouch!! blush.gifSAUER0421.GIFsmashfreakB.gif

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Ari, don't forget some cars are a LOT stronger than others. I had a girl in a Citroen AX hit me in my M3. Her bonnet folded in half like a piece of paper. My bumper had a scuff on it. Subaru's are cheap cars. smirk.gif

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Very true, but equally the front of cars are more designed to crumple. When the Escort hit my Audi his car looked like it had been punched in the face. Mine had zero damage save for the (slight) scratch.

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And I appreciate what your saying about the council. The bottom line is we don't know so like you say we'll have to wait and see. The point I was making is that they must have some sort of "public liabilty" to cover accidents like this. Like you can claim for tyres if you get a blow out as a result of a pothole.

Oh well, watch this space... 169144-ok.gif

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Public liability insurance is to cover them when they're liable. I'm not sure how they'd be liable for someone else spilling diesel.

The pothole thing is a bit different as they are liable for the repair of roads, so if they don't repair them then they could be liable for damage caused by their neglect.

Fingers crossed though and best of luck. Let us know how you get on. 169144-ok.gif

beerchug.gif

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I suppose it comes down to what is reasonable expectation. You could expect the council to repair a pothole before it got so big it was causing damage to passing cars. But could you reasonably expect them to clear up any diesel spill anywhere within their borough before any car ever reached it?

But anyway, I hypothesise. If you can get them to cough up then fair enough I guess, and best of luck.

Will be interesting to hear their response. 169144-ok.gif

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I'd agree with the above. Councils are paying out almost as much in claims these days as they are spending on services / fixing the roads. Am sure there will be a claim soon as to why concil tax / road fund licence has to go up. ROLLEY~14.GIF

And yes I know not all of it goes to the roads thats collected already but this is a problem with central government not the local councils that get a set budget that they have little or no control over. tongue.gif169144-ok.gif

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