Omega Owners Forum
Chat Area => General Discussion Area => Topic started by: Jimbob on 04 February 2011, 21:56:14
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Your driving along in a residential area....
Its very windy
A wheelie bin blows out of a driveway and damages your car.
Who pays for the damage?
Facts :-
The council own the bin
You can positively identify the owner of the bin
You have fully comprehensive insurance
Your own insurance pay, with loss of no claims etc
Is it a case of unlucky, an act of God?
Council liable for their property causing damage?
Homeowner (or their household insurance) liable for not keeping it secure?
Discuss....
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Act of God, extreme weather??
Force Majore or whatever the other get out clause is >:(
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Act of God, extreme weather?? Force Majore or whatever the other get out clause is >:(
what if you are an atheist :question
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Act of God, extreme weather?? Force Majore or whatever the other get out clause is >:(
what if you are an atheist :question
Sh1t Happens :y
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Was it up a driveway and blown out, or left out after designated bin day?
Either way, I suppose the responsibility is on the householder but....
what about those pesky kids?
/scooby doo mode!
If A.N.Other had moved the bin from where the householder safely left it, who knows? Into Act of God territory, methinks...
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in this instance left emptied after a bin collection, so where bin men had left it.
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in this instance left emptied after a bin collection, so where bin men had left it.
I would therefore be thinking about what is a reasonable length of time for the householder to reclaim it from the footpath and return it to the normal safe storage, unless you care to prove carelessness on behalf of the binmen...
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in this instance left emptied after a bin collection, so where bin men had left it.
So as a prudent driver you could reasonably expect bins to be in out of place locations that neither the householder nor council could be liable for and as such take precautions around hitting one.
In short tough sh!t claim on your own policy >:(
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in this instance left emptied after a bin collection, so where bin men had left it.
So as a prudent driver you could reasonably expect bins to be in out of place locations that neither the householder nor council could be liable for and as such take precautions around hitting one.
In short tough sh!t claim on your own policy >:(
Fair point...
If you could see that a) bins were there and b) its was very windy then reasonable to calculate that, given the time of day and empty bins, possibility that wind may blow them over?
Either way, it would be a challenging claim.
Glad its not mine... :-X
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If the bin was actually blown from within the homeowners boundary, then I would have thought they, through their home insurance would be liable? I don't hold with the 'shit happens' 'tough deal with it' argument.
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I would have to say the council.
Council are the supplers of the utility, they have given instructions to the owner to place the bin out for the bin collection. Council are the owners of the bin, not the home owners. They are also responsible for the up keep or replacement if one is need as a result of any damage caused to the bin.
As for Act of God. Prove that a God exists, as the belief that God exists is at the end of it, is all based on a faith. So where's the evidence?. There are no hard facts that God exists that have been proven.
And I beliave that in law 'evidence is required' to prove the facts.
Shoot me down if you want, but that's how I see it.
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Your driving along in a residential area....
Its very windy
A wheelie bin blows out of a driveway and damages your car.
.................
You must have very good binmen down your way.
Up here, if its in the driveway, its not for emptying.
If its on the footpath outside, then we will empty it... ::)
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If the bin was actually blown from within the homeowners boundary, then I would have thought they, through their home insurance would be liable? I don't hold with the 'shit happens' 'tough deal with it' argument.
About the only possibility, I would have thought. The council will be teflonŽ coated.
Kevin
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I would say the first port of call should be the person who has custody of the bin.
In most cases this would be the householder responsible for it or using it however if the last person to have had custody of the bin was, for example, a council employee (after emptying it) it could be suggested that he/she/it failed to place the bin in a position where such an occurrence could not happen given the mobile nature of it.
Additionally, it is reasonable to suggest, in my view, that given the easily moved nature of these bins that those in control of them should be aware that such an occurrence can indeed happen and that sensible steps should be taken the secure them in a position away from any place that could cause inconvenience to or injure any member of the public.
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Act of God, extreme weather?? Force Majore or whatever the other get out clause is >:(
'Force Majeure' !!!!!! ;D
Yep, you're correct - 'the get-out' clause >:(
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I would have to say the council.
Council are the supplers of the utility, they have given instructions to the owner to place the bin out for the bin collection. Council are the owners of the bin, not the home owners. They are also responsible for the up keep or replacement if one is need as a result of any damage caused to the bin.
As for Act of God. Prove that a God exists, as the belief that God exists is at the end of it, is all based on a faith. So where's the evidence?. There are no hard facts that God exists that have been proven.
And I beliave that in law 'evidence is required' to prove the facts.
Shoot me down if you want, but that's how I see it.
scenario suggests the bin was within the property, i wont refer to it as an act of god as i'm in no way religious, but the insurance are most likely to use the weather as the main factor, and not pay out for a repair if they claim they dont cover that
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I would have to say the council.
Council are the supplers of the utility, they have given instructions to the owner to place the bin out for the bin collection. Council are the owners of the bin, not the home owners. They are also responsible for the up keep or replacement if one is need as a result of any damage caused to the bin.
As for Act of God. Prove that a God exists, as the belief that God exists is at the end of it, is all based on a faith. So where's the evidence?. There are no hard facts that God exists that have been proven.
And I beliave that in law 'evidence is required' to prove the facts.
Shoot me down if you want, but that's how I see it.
scenario suggests the bin was within the property, i wont refer to it as an act of god as i'm in no way religious, but the insurance are most likely to use the weather as the main factor, and not pay out for a repair if they claim they dont cover that
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I don't see this scenario as any different from a high wind blowing roof tiles off your roof & them damaging your neighbours car, Buildings Insurance would cover such an eventuality surely, as long as the property was cared for & not dilapidated? :-/
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It was not our bin, it only found it's way from, tucked in a hidy place, to half way down the drive while we were out today.... ::) ::)
This then would be my neighbours fault as their hedge, protects our bin from the wind, but as it is winter the hedge is thin and the wind got through it.... ::) ::) ::)
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some interesting ideas....nice to see as we did, its not cut and dried anyway...
This incident almost happened yesterday...
within 30 mins of bin wagon emptying, the wind picked up and propelled bin, just missing Ljay's car while driving down the road. Due to the wind, exact placement of bin unknown. To be honest, given the wind we have here at the mo, is is equally feasible the bin was left by homeowner and blown....its VERY windy.
Lucky it didnt hit, as judging by the mixed comments here, would have been a right job attempting to attach blame to anyone.
(although realistically I guess the damage would be fixable easily by myself etc, but thats not the point)
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Storm damage. the insurers would use "act of god" only in the sense that its hardly the homeowners fault or anyone elses, so you would claim storm damage to your car from your insurance :y
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Reminded me of a incident a few years ago;
We had a problem with a young lad racing around the local streets in a saxo. He was a accident waiting to happen. A neighbour of mine chucked a wheelie bin out in front of his car as he approached at speed.
He hit it full pelt and destroyed his body kit. The lad got out his car shouting and swearing backed up by his mates.
By this stage most of the street were out side to see what was going on!
My neighbour (quite a big chap) Pointed out that it could have been a child and he should not be driving in that manner. The neighbourhood lynch commitee were in full swing by now and telling him exactly what they thought of his driving skills.
It was very funny watching the young lad picking up bits of his body kit and putting them in his car,whilst telling us he was going to tell his dad!! Even his lairy mates were looking sheepish.
Never had any more trouble after that. Would like to think he learnt a lesson that day.