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Person Chipt My Car

_Victory_
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_Victory_ Contributor

_Victory_

Posted
Posted

I was parkt chating to a few mates when a bogan in his crapy VN station wagon commodore started tearing it up on the dirt the dick sprayed rocks all up my car chiping it a fare bit so pissed off i instanly got in my car and chased him but it became too dangrous to continue so stopt didnt get a number plate but i got a filling i'll see him out now what can i do? i certainly dont want to pay for it can i do anything by law? if i ask him trust me not a nice way he say no i cant do shit by law? help us out.

cheers

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mad082 Grand Master

mad082

Posted
Posted

unless you have a rego number you can't really do much. you can claim it on insurance but you have to pay the excess. might be cheaper to pay for the respray yourself if it comes to it.

if you can get a rego you can call the cops. but you should call the cops anyway so you have a police report. then if you do find the rego number it can be added later. or they might be able to find the car.

NISZILA Grand Master

NISZILA

Posted
Posted

Don't worry, you will always get dickheads that do things like that. When I bought my R33, some kind person put a key scratch down the side. I had owned the car for three days and it was already subject to vandalism. Was very pissed off. Happened right outside work too. Some people just have no respect for other peoples stuff.

Since then no one has touched it though, and hopefully is stays that way. I'd say just fix up the damage yourself and move on. Its too hard to dwell on it to find a commodore. We all know there are like 50 billion of them around.

saff_cossie Grand Master

saff_cossie

Posted
Posted
Even if he stopped and admited he sprayed the rocks in your car there nothing you can do. His tyres picked up the rocks from the road, if thats correct then its not his fault .

Certainly not the case with trucks. If a truck flicks something up and causes damage, it is the responsibility of the truck company to fix it. My dad had a chipped windscreen from a truck coming round a bend which flicked a stone up. The company paid for that no questions asked. I also work for a truck company and see the claims we get. They are also so hard to disprove.

Why should Joe Public pay for his car to be fixed when he was out minding his own business.

wrxhoon Grand Master

wrxhoon

Posted
Posted
Certainly not the case with trucks. If a truck flicks something up and causes damage, it is the responsibility of the truck company to fix it. My dad had a chipped windscreen from a truck coming round a bend which flicked a stone up. The company paid for that no questions asked. I also work for a truck company and see the claims we get. They are also so hard to disprove.

Why should Joe Public pay for his car to be fixed when he was out minding his own business.

Only if the rock falls of the truck, if there are stones on the road and the truck/car happens to flick them they are not responsible .

The truck company may choose to pay as a gesture of goodwill though, its up to them ..

saff_cossie Grand Master

saff_cossie

Posted
Posted
Only if the rock falls of the truck, if there are stones on the road and the truck/car happens to flick them they are not responsible .

The truck company may choose to pay as a gesture of goodwill though, its up to them ..

Do you have any legislation stating this? Its the same when the grass cutters flick objects up at peoples cars while they are cutting the verges. They didnt fall off the grass cutter, they were flicked up. Take a hypothetical worse case and a rock is flicked up that pierces someones windscreen and hits them. Is this tough luck because it didnt fall off the truck?

Disagree with you buddy. We have had legal letters etc at work from car drivers who have had their vehicles damaged and I dont even work for a tipper truck company, its refrigerated transport.

wrxhoon Grand Master

wrxhoon

Posted
Posted
Do you have any legislation stating this? Its the same when the grass cutters flick objects up at peoples cars while they are cutting the verges. They didnt fall off the grass cutter, they were flicked up. Take a hypothetical worse case and a rock is flicked up that pierces someones windscreen and hits them. Is this tough luck because it didnt fall off the truck?

Disagree with you buddy. We have had legal letters etc at work from car drivers who have had their vehicles damaged and I dont even work for a tipper truck company, its refrigerated transport.

You are correct in saying that a mower flicking something on to your car is liable for any damage to your car . Its totaly different when a car flicks a stone that was on the road .

Ask your lawyer if you like and you will see, i have been there and done that BUDDY.

Why should someone be responsible just because there was a stone on the road and his tyres flicked it on to your car and did some damage? Its not their fault that the rock was there, on the other hand it it fell of their car they are negligent, same with a lown mower.

Like i said before some companies may deside to pay as a gesture of goodwill, even though they know they are not responsible..

saff_cossie Grand Master

saff_cossie

Posted
Posted
You are correct in saying that a mower flicking something on to your car is liable for any damage to your car . Its totaly different when a car flicks a stone that was on the road .

Ask your lawyer if you like and you will see, i have been there and done that BUDDY.

Why should someone be responsible just because there was a stone on the road and his tyres flicked it on to your car and did some damage? Its not their fault that the rock was there, on the other hand it it fell of their car they are negligent, same with a lown mower.

Like i said before some companies may deside to pay as a gesture of goodwill, even though they know they are not responsible..

All I can say is, we must be getting bad legal advice. A grass cutter flicking a stone up that was on the grass is no different to a truck flicking a stone up that was on the road (other than the surface which they are travelling on) and its not the grass cutters fault the rock was there. We dont pay out of good will, we pay on demand. With diesel prices, we dont have spare cash to pay for damage to the public's vehicles if we didnt have to. It is also worth noting most come out of NSW.

With a fleet in excess of a 100 trucks, we get maybe 1 claim every month or 2.

I can only speak from experience. I suggest we agree to disagree in this case.

SKY031 Grand Master

SKY031

Posted
Posted

saff, i had a windscreen replaced, and the very next day a 4WD flicked up a rock and left a nice spidery crack on my brand new screen (which had been fitted specifically for the car to pass RWC).

I took down the rego, and got legal advice straight away, as I didn't think that it was fair that I should have to fork out for 2 windscreens in 2 days due to no fault of my own.

The legal advice given to me was basically "tough titties".

When you use the road, it is inevitable that you will get small amounts of damage from other vehicles.

This includes stone chips to the paint on the front of the car, the side of the car (from vehicles going in the other direction), chips to your windscreen, cracked headlights, etc.

The grass cutter scenario is slightly different.

The grass cutter is not a road vehicle.

They shouldn't be cutting the grass in a direction where it will fling debris at passing cars.

They are also obliged to have safety signs to alert motorists to the fact that there is grass cutting going on.

If the grass cutting is being conducted in an unsafe manner, the offenders will be held accountable.

If a regular road user flicks a stone up, it isn't their fault... as wrxhoon has already said.

Your company is not obliged to pay for damage caused to other peoples cars unless the damage was caused by some form of negligence on their behalf.

wrxhoon Grand Master

wrxhoon

Posted
Posted
All I can say is, we must be getting bad legal advice. A grass cutter flicking a stone up that was on the grass is no different to a truck flicking a stone up that was on the road (other than the surface which they are travelling on) and its not the grass cutters fault the rock was there. We dont pay out of good will, we pay on demand. With diesel prices, we dont have spare cash to pay for damage to the public's vehicles if we didnt have to. It is also worth noting most come out of NSW.

With a fleet in excess of a 100 trucks, we get maybe 1 claim every month or 2.

I can only speak from experience. I suggest we agree to disagree in this case.

If i was you i would change my lawyers, they have no idea if they tell you that you are resposible for gravel/rocks that are on the road and then flicked up by a moving vehicle. Dont forget its a different story if the stones /gravel was on your truck and then fell on another vehicle and caused damage then you are liable. Like i said i have been there and done that in a court ...

Have you taken any of your cases to court? If you did ( provided the loose rocks are on the road, this is a must ) you would win every time and have expenses awarded as well.

wrxhoon Grand Master

wrxhoon

Posted
Posted
Will mention to the Directors this information. No cases taken to court. We get regularly raped with legislation in this industry particuarly from NSW more so than QLD and VIC.

This is in NSW i'm talking about but it would be the same all over the country, as long as your trucks are not tippers and come out of a site full of rocks and dirt on them there is no way anyone can win a case in court .

PuCkStAr Contributor

PuCkStAr

Posted
Posted

Hey,

What about if a female driver of a green MR2 who was wreckless&immature, spun her wheels whilst taking off from the side of a road onto a hwy (where there was gravel on the side) flicked up gravel stones all down the side of another car chipping the paint and shattering the drivers door window? Is she responsible by law? there were multiple wittnesses, and photos taken of damage straight away as evidence.

the owners name was Sarah, so if anyone knows her or her green Toyota MR2 non turbo targa top, let me know so i can pass the info on.

Cheers

wrxhoon Grand Master

wrxhoon

Posted
Posted
Hey,

What about if a female driver of a green MR2 who was wreckless&immature, spun her wheels whilst taking off from the side of a road onto a hwy (where there was gravel on the side) flicked up gravel stones all down the side of another car chipping the paint and shattering the drivers door window? Is she responsible by law? there were multiple wittnesses, and photos taken of damage straight away as evidence.

the owners name was Sarah, so if anyone knows her or her green Toyota MR2 non turbo targa top, let me know so i can pass the info on.

Cheers

If you can prove negligence ( it would be very hard to do ) then you may have a case but i don't like your chances .

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