Hit by Farm Gate

[GATECRASH MY PARTY]

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.

[BRIGADIER2JCS]

You MUST advise your insurers any way seek advice from them, you cannot with hold the fact that the collision has occurred, as your car is insured by them!

[Conniff]

I'm always telling them to secure the gate

 

You can take that as an admission of liability. Take some pictures etc and get a record in case it's needed later.

 

Why I say that is because a few years ago, a supermarket was fined for a slippery floor and they tried to get out of it by saying (and producing) one the the 'take care slippery floor' signs.

The judge said that was admission that the floor was slippery and promptly made an award to the person who slipped.

[citizenB]

Have you checked your policy to see if there is a 24 hour helpline ?

[GATECRASH MY PARTY]

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

[Conniff]

A police ref number legitimises it all.

 

Get a guesstimate tomorrow so you know how likely he is to just get his wallet out or tell you to go .........

 

Further correspondence with the farmer would be best by recorded delivery letter, but you should get in contact with your insurer as the Brigadier says, they should sort it all out for you at no cost to you.

Edited September 30, 2012 by Conniff

[GATECRASH MY PARTY]

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.

[Conniff]

Yep - more proof it wsn't secured. If you have any more meetings and can record the conversation on you mobile, do it.

[heliosuk]

This is a " Byway" and is subject to different rules and regs I believe. Also need to remember it's a "Farm Style" gate and not a farm gate. Rules and the regs get very, very complex so think and research first.

 

You'll be surprised.

 

It could turn out you should not have been there so make sure you are on good ground first.

[GATECRASH MY PARTY]

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!....

[heliosuk]

Know you are going to have a hard case here.

[GATECRASH MY PARTY]

Think positive Helio! Why so pesimistic?

[heliosuk]

Wisdom gatecrash. Worth a punt so to speak but a by way is very different to a highway.

[dw190]

At the end of the day "The Gate" has an owner who has a duty of care to the public and if the gate was insecure the owner has a liability to anyone suffering loss as a result.

 

 

Send a letter informing the owner ofthe property advising your intention to make a claim and request details of their property/contents insurers.

 

If my wall fell down and caused damage to a t/parties property I would be liable and my insurers would deal with it.

[Old Cogger]

The Owner is resposible no matter where it is as the oqner has a duty of care to Public and entrances to their property must be safe, or the old Post guy may have an accident etc. Third party insurance is the cover no doubt.

[GATECRASH MY PARTY]

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.

[Old Cogger]

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.

 

 

 

Insurer at this stage will be vague no doubt, as the offending item should not of been in the position it was in, in as much as the gate has caused damage to a third partys property regardless, maybe he was not too attached (excuse the pun) to it as it hinged on faulty entrance, and you have not run into a fixed gate.

 

He is trying to be clever, have you got Legal assistance insurance, or get 30mins interview with a solicitor for free advice.