Liability

[Ketron]

Hi all,

Was driving home this afternoon and I came upon an obstruction on the road, a agricultural contracting company had a water pipe across the road. They had ramps over it and sign saying slow ramp ahead etc. I attempted to cross it in the E92 (not lowered, stock height) and my jackpoint caught as I had both axels over the ramp tearing my sideskirt. I was going as slow as I possibly could and they had the road entirely blocked so no other choice apart from turning around and taking an alternative route.

Big argument ensured with the guys working, basically got to told to f'off and no other cars have had this problem.

I'm fuming, with both axles on either side of the ramp my undercarriage touches, so I would say the ramp is not fit for purpose and impedes my ability to use the public highway. I have no issues with speed ramps etc.

I'll stick up the pictures I took, but I guess the question to ask is where to go from here? Am I better just swallowing my pride and getting it fixed and let that be that? My insurance has advised to get a solicitor but these cases are very hard to prove. Its just annoying and the guys attitude didn't help matters

Pictures:








Any advise would be great, thanks

[Peter-E36]

Ah man... I'm sorry to see that

If there's anything you can do to chase it up, do it. Provided it doesn't cost you money you may not be able to recuperate, which in that case would just be better spent fixing it I'd say...

[Ketron]

Thanks Peter. If I knew I would recup my costs I would but I've sneaky suspicion that I'm best just getting it fixed and forgetting about it. Just really pisses me off, I'm aware we all have to share the roaf but thats taking the piss imo.

[Mmolloy01]

This is a balls... really annoying !!! And I understand how you are annoyed too.

It will be very hard to get real "retribution" from these guys, that is just my experience.
If you are still feeling aggrieved tomorrow, go to your solicitor and ask them to draft a legal letter to the company. It should cost less than €100.
Maybe you will get some positive news... unlikely, but worth a try for €100 and your time / effort / mental health.

Otherwise, if it is going to take a lot more time and effort, and expense from your solicitor, I would probably veer toward just getting it fixed it.

My 2 cents. Best of luck.

[Don B]

Had an almost identical situation about 10 years ago, roadworks and had the road up, but they were directing traffic through. The front of the m sport bumper scraped badly on a lip in the ground (car was stock height).

I put everything in a email with photos to the contractor. Got a quote and had them settle directly with the body shop. I'd persue It, might take a while, but you should be able to get sorted.

[dergside]

Find out who they are contracting for, individual, CoCo, or whoever, and make a complaint there. Offer photo evidence, etc. and the name of who you spoke with on site, etc., if you have details. The contractor had a dutry of care to road users to provide safe passing, or close the road and redirect you, and the damage would suggest that they were negligent. Try nicely with whoever commissioned them and if that doesn't work, try the solicitors letter.

[Ketron]

Thanks for the advice guys

I've priced up second-hand parts on ebay and I reckon if I get a side skirt in the same colour I can probably repair the damage for under €200 and a couple of hours of my time. Need sideskirt, undertray, jackpoint and clips/screws etc.

The guys were contracting for a local farmer that regularly has a track of cattle passing there with the road covered in cowsh!t, so I suspect I'll get very little joy with him.

I'll ring the company tomorrow and see what they say, they're a small time operation and judging by the attitude I received today I've a feeling how that will go.

To put down ramps like that across the road do you need a permit? And if so, who from? And who do I report it to, council or gardai?

Cheers

[Valdelisbmw]

I think U must contact local council with all details

[JohnH]

Sorry to hear that.
Unfortunately in Ireland it seems the only thing to do in a circumstance like this is to be the biggest c*nt in the argument; block the road, call the cops and refuse to move till it’s sorted.

I think in this case the best thing to do is to go and talk to them tomorrow if they’re still there. Get the details / a photo of their insurance company from a disc on the window of One the vehicles. Chances are it’s a global policy that covers public liability. If the contractor won’t play ball just go straight to their insurance company and claim directly them.

[RossYB]

As John says..... They'd have to have public liability so it'd surely cover this?

Your best bet for the moment is take LOTS of pics and copy ALL invoices..... As if there anything like the county council it'll take months to admit liability.