Motoring Discussion > Legal Advice - Re Van Damage Legal Questions
Thread Author: zippy Replies: 7
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New Wed 14 Aug 24 15:40 
 Legal Advice - Re Van Damage - zippy
We live on a shared drive and all of our houses have their own drives off the main drive.

The main drive is wide enough for one vehicle only.

Yesterday, a transit type van met another transit type van coming the other way and drove on to next door's drive and across mine to make way for the other van.

Between my house and next door, there is a small grass strip about 24 inches wide, even though the houses are about 3 to 4 yards apart.

At the end of the strip is a concrete marker for the house. It was made from pouring concrete in to a builders bucket and is about 9 inches tall and matt-white. The builders made one for each house.

I was miffed that the van rudely cut across the verge like that, but in doing so it got wedged over the concrete marker and has subsequently made a hole somewhere in his engine.

He came around today as and wants me to pay for the damage to his engine that his reckless driving caused!

I told him to refer to "Arkell v Pressdram" but he didn't seem to get it and left saying we would hear from his solicitors.

I'm sure he hasn't got a leg to stand on re the claim and because of his attitude I now I feel like recovering the cost of cleaning up the oil spill. damage to the verge and damage to my marker.

Thoughts anyone?
Last edited by: zippy on Wed 14 Aug 24 at 15:45
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New Wed 14 Aug 24 16:41 
 Legal Advice - Re Van Damage - Bromptonaut
We have neighbours who are lovely people but when their 'kids' were younger and they were both working with a car each their drive got a bit crowded and visting 'kids' left cars on the road, hanging off the drive.

Mrs B returned from the shops and, reversing into our drive, clipped the car of one of their daughters.

Reporting it to LV I asked if the 'it shouldn't have been there' excuse would run and was told no chance!!

Your guy's not got a snowball's chance of a claim against you. I'd let your buildings insurer know that there's been an issue and make sure you've got photographic evidence of damage, spilled oil etc and any costs you incur in tidying up.

Any suggestion he's threatening and go straight to the Police.
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New Wed 14 Aug 24 17:49 
 Legal Advice - Re Van Damage - R.P.
He may have a claim under the Occupiers Liabilty Act 1957, burt highly unlikely to win. You may have a claim for the damage he's caused to your property (if there is any)

Insurers' should help, check for legal cover.
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New Wed 14 Aug 24 21:25 
 Legal Advice - Re Van Damage - bathtub tom
I vaguely recall an incident where property owners had placed large stones on their boundary to prevent others parking there. Someone damaged their car on one. I think it hinged on the stones being placed to damage or not.
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New Wed 14 Aug 24 21:57 
 Legal Advice - Re Van Damage - Zero

>> Thoughts anyone?

You'll hear nothing more from him. Probably a speculative attempt to get you to pay.

however, it may be prudent to tell your house insurance provider.
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New Thu 15 Aug 24 00:13 
 Legal Advice - Re Van Damage - R.P.
Doorbell video might be a good thing, either yours or a neighbour
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New Thu 15 Aug 24 00:17 
 Legal Advice - Re Van Damage - Fullchat
It boils down to where the bollard was placed. If its on private land not a Scooby. Some people place objects on verges outside their houses to stop vehicles causing damage. Only issue is that the verges are local authority owned so they have no legal control over them.
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New Thu 15 Aug 24 00:48 
 Legal Advice - Re Van Damage - zippy
>> It boils down to where the bollard was placed. If its on private land not
>> a Scooby. Some people place objects on verges outside their houses to stop vehicles causing
>> damage. Only issue is that the verges are local authority owned so they have no
>> legal control over them.
>>

The nearest bit of council owned road is about 300 meters away. The house marker is on our land.

The van was clearly on our property and if it continued, it would have driven over our garden.

Nextdoor's camera caught another smaller "Escort" sized van, squeeze in between the grounded van and our property to get past - missing my car by millimeters. We couldn't see the registration but it was effectively driving over our gardens. I wasn't at home, having got a lift to the station in the morning.

The small van's driver was reckless and drove like he was pee'd off at being held up. Unfortunately we couldn't see a registration, otherwise I would complain to the company that the van's livery was in - it was an outrageous manoeuvre over our gardens at a dangerous speed.
Last edited by: zippy on Thu 15 Aug 24 at 00:49
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