And I thought green laning would scratch it...

Sirrel Squirrel

Sirrel Squirrel

Sirrel Squirrel

Soldato
Joined
5 Aug 2003
Posts
8,537
Location
Essex
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At least it wasn't me driving, the wife was driving down a narrow private road and one of the resident's had decided to put metal bollards up right on the edge of their grass verge, so obviously my wife managed to hit one!

Will be an insurance job as the bumper, wing and door are damaged plus a scuff to the alloy.

I was wondering though, does any liability fall on the resident, surely you can't just put metal bollards up that close to the road? Would be a tricky one though as it is a private road.
 
I would have thought it would depend on whether they were obvious to a driver or if they had been placed negligently.
 
Sirrel Squirrel said:
vrBqysOl.jpg


21JBZVzl.jpg


At least it wasn't me driving, the wife was driving down a narrow private road and one of the resident's had decided to put metal bollards up right on the edge of their grass verge, so obviously my wife managed to hit one!

Will be an insurance job as the bumper, wing and door are damaged plus a scuff to the alloy.

I was wondering though, does any liability fall on the resident, surely you can't just put metal bollards up that close to the road? Would be a tricky one though as it is a private road.
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If it's their land then they can do what they like unless any particular council byelaws prevent them from doing so. Hope your wife didn't damage their bollards or they could legitimately make a claim against your insurer.
 
OK, thanks for the advice, there must be some sort of restriction about how close you can put something to the road, my wife said they are right on the edge of the verge and road, the road itself is only wide enough for one car, which is obviously the reason these were put in to stop people from passing on his verge.
 
Sirrel Squirrel said:
OK, thanks for the advice, there must be some sort of restriction about how close you can put something to the road, my wife said they are right on the edge of the verge and road, the road itself is only wide enough for one car, which is obviously the reason these were put in to stop people from passing on his verge.
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The restriction is how close you can drive to somebodies private land.

I wouldn't entertain somebody driving through the side of my house and then complaining that it was somehow "too close to the road" either. :cool:
 
You probably won't get anywhere tbh. As it's already an insurance job, go back and do it properly, i.e. plough through all the bollards and then they won't be a problem any more.
 
Most verges between a property and the road is council owned. Over the years, the council don't do anything with them, so the property owner will keep it mowed/looking nice and treat it as their own. They can't put bollards, logs, tree stumps, etc on the verge.

Can you check this anywhere? Local council perhaps?

A friend of mine used to work for the local highways, he used to remove these obstacles if the property owner failed to do so when asked. Apparently any damages can is the responsibility of the property owner.
 
mushtafa said:
Most verges between a property and the road is council owned. Over the years, the council don't do anything with them, so the property owner will keep it mowed/looking nice and treat it as their own. They can't put bollards, logs, tree stumps, etc on the verge.

Can you check this anywhere? Local council perhaps?

A friend of mine used to work for the local highways, he used to remove these obstacles if the property owner failed to do so when asked. Apparently any damages can is the responsibility of the property owner.
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It was a private road. The council don't own the verge and the owner can put up whatever they like.
 
mushtafa said:
Most verges between a property and the road is council owned. Over the years, the council don't do anything with them, so the property owner will keep it mowed/looking nice and treat it as their own. They can't put bollards, logs, tree stumps, etc on the verge.

Can you check this anywhere? Local council perhaps?

A friend of mine used to work for the local highways, he used to remove these obstacles if the property owner failed to do so when asked. Apparently any damages can is the responsibility of the property owner.
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It was a private road so I suspect there are no restrictions like on a public highway.

I'm not sure you can sensibly justify it being even slightly the landowners fault if you drive into something stationary. That's just bad driving, you live and learn.
 
Hades said:
It was a private road. The council don't own the verge and the owner can put up whatever they like.
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Certainly looks that way from reading up.

On a public highway the council definitely own the verge and it is an offence to put anything on it but that doesn't appear to be the case with a private one.
 
[TW]Fox;27765131 said:
Why is there always an attempt to blame somebody else, she drove into a metal post!! It didn't jump out on her from nowhere. It is absolutely nobodies fault but the driver of the vehicle.
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Although incidentally on a public highway verge you aren't allowed to do it, pretty much for that very reason.

Not excusing the fact that yes my wife did drive into it :p
 
Sirrel Squirrel said:
No, private road, looks like I can't do anything about it. Apparently the guys neighbours are all p'd off that he's put the posts up too.
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Probably because people now drive onto "their" land instead.

Bottom line, one does not have the right to drive over privately owned land simply because one cannot negotiate the available public highway.

("Public highway" is actually a surprisingly complex area of law. I am "NOT" an expert in it, but I have had conversations with people who know rather more about it. This sort of thing can get very messy very quickly. (Much to the enjoyment of any Lawyers present at the time! :D )
 
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