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Old 10th March 2010, 21:20   #1
justmicky
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Default Not sure if I have been had!

December 23rd - icy roads etc. my lad says he pulls over for a car that is hogging the road. He loses control at a very slow speed and touches a lamp post. Now, I was at sea, and I didnt get told about the mishap until a fortnight later for fear of me blowing my top and ruining their christmas!!! Mmmmm
So,when I did get told I asked if there was any damage and was told just a scrape on the bumper and thats all. No witnesses, other car didnt stop etc. Okay that was the end of that? Not so, I have just got home from sea again to find that the other day I got a letter in the post from the council wanting to recover the full costs of a replacement lamp post! I was shocked to say the least!
My missus said there was only a slight scrape on the car bumper and its true - I have taken some pics - she also states that she thinks the lamp post had been leaning over for some time - but the lamp post has already been replaced so I have nothing to prove that the lamp post damage had been caused by my son!
I dont suppose theres much I can do about this now? I have sent the details off to the insurance company etc, along with pics of the car (not the 75 I might add!!!)
But a couple of questions about insurance: My son was on my policy at the time of the accident - for future reference when getting quotes I will no doubt have to state that i have had a claim on my policy now (my first ever I might!!!) but if he was now to take out a policy of his own, would he have to declare a claim as it is effectively me claiming?

£1500 plus reconnection for a lamp post
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Old 10th March 2010, 21:38   #2
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I would say, if you have legal protection on your policy you should insist the insurance company fight the claim by the council, based on the the lack of damage to your car. Don't just cough up. The insurance company legal eagles will take great pleasure in dealing with the council.

With regard to no claims. It is your policy so that is with you. If when he applies for his own insurance (with another company) he has a slight loss of memory I doubt it will come back on him. But one can never be sure.
BTW I am not advocating a falsehood.
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Old 10th March 2010, 21:50   #3
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Thanks. As I mentioned I have sent photos of the car and looking at it you would say there is no way the car could have caused any serious damage to the lampost. I think I will give the Insurance company a call tomorrow!
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Old 10th March 2010, 21:59   #4
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Can you counter claim for the council failing to treat the roads adequatley? With this failure in their duty of care causing the damage to your car
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Old 10th March 2010, 22:18   #5
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Quote:
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Can you counter claim for the council failing to treat the roads adequatley? With this failure in their duty of care causing the damage to your car
It was a "B" road that had not been gritted according to the missus


Further to this - my lad says there was no one about, the other car didnt stop, it was dark at tea time......someone must have seen it then to have got his registration! When I contacted the council they told me the police had reported the accident to them! They have never contacted me
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Old 11th March 2010, 08:26   #6
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Well I have asked my insurers to challenge this claim - so we shall what happens
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Old 11th March 2010, 08:41   #7
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My ex ploughed her Megane into the central reservation on the M6, after being cut up by a van joining the motorway, the council tried to get her to pay for two sections of the barrier about £3000 if memory serves me right, they changed the barriers over night, although I had already taken photos (as we and the police could see no damage to them apart from paint) we asked to see the damaged barriers but we were told that would not be possible, so we told them to take a hike, that was about 6 years ago, and never heard another word since...
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Old 11th March 2010, 08:48   #8
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My ex ploughed her Megane into the central reservation on the M6, after being cut up by a van joining the motorway, the council tried to get her to pay for two sections of the barrier about £3000 if memory serves me right, they changed the barriers over night, although I had already taken photos (as we and the police could see no damage to them apart from paint) we asked to see the damaged barriers but we were told that would not be possible, so we told them to take a hike, that was about 6 years ago, and never heard another word since...

Well done - I hope my case goes the same way but I have an awful fear that the insurance company will just cough up - its in their hands now, I have given them all the info and I have and asked them to dispute it - we shall see, Will revert with the outcome in due course!
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Old 11th March 2010, 21:35   #9
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Here are a couple of shots of the car that has supposedly destroyed the lamp post
Attached Images
File Type: jpg Picture1.jpg (18.2 KB, 23 views)
File Type: jpg Picture2.jpg (18.1 KB, 22 views)
File Type: jpg Picture3.jpg (20.1 KB, 21 views)
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Old 13th March 2010, 20:42   #10
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what was the lampost made of?? paper?? i really hope your insurance fights the claim, the council are really are taking the dog doo!
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