Thank you. Our car insurers are now involved although they don't seem very keen on pursuing the gate owner. They seem a little confused as no other car and a householder is involved. The gate owner contends that had the gate blown out into the road, the car would have side impact damage. The fact that the damage is mainly to the front (of the car) is evidence (he says) that the car was driven into the gate when it was already across the road or something along those lines. I think this will possibly now be an issue of attempting to recover the excess.

Think positive Helio! Why so pesimistic?

Thanks Heliosuk! Yes, its all very complex and worrying but not being a Lawyer its difficult to come up with all the answers. This is a Byway OPEN TO ALL TRAFFIC ('BOAT') and effectively I understand we have rights to use it equally as any other highway. It transpired that the insurers are not contactable 24hrs unless you just need recovery. We will be contacting the insurers Monday and will leave the legal complexities to them.....unless anyone else has more input! Thanks to you all again!....

The lady of the gate family called at our house saying along the lines of "six of one and half a dozen of the other" I countered along the lines of "its wholly your fault" (politely!) She revealed that someone reversed into a central post or device which retains the (larger and now smashed) gate and again I consider this as good evidence of guilty concience and a failure to prevent the gate blowing in the wind. Thanks very much for all input so far.

Yes many thanks Conniff, thats lifted our spirits a little. We have taken some pictures just in case.

Hi....I would apperciate any advice anyone can give on the following.... My partner was driving from our house past a neighbours property during recent inclement weather. Their farm style wooden gate flew out into the entirety of the road and my partner crashed into it demolishing the wooden gate and causing substantial damage to the car. Initial approaches to the home owner (not a farm) have not led to any admitance of liability. At the scene there was a statement by the gate owner that "I'm always telling them to secure the gate", presumably referring to other family members. It is sunday and I am amazed that the (vehicle) insures are not contactable yet. I should add that amazingly it is correct and true that the gate is able (was able!) to open outwards obstructing the entire single track road. Additionally it is probably not relavant, but the road is a Byway (B.O.A.T) Byway open to all traffic. We are just a little unsure about the best way forward as we do not really want to claim on our motoring insurance as we are not at fault. Any advice much appreciated. So far we have only spoken to the neighbour, rung the motor insurer (unavailable) and have obtained a police ref number for what its worth.