Yesterday, the local farmer was driving down our lane with what is, in essence, a giant, high speed fork lift truck. Just as he approached my house, for some reason, the forks dropped to the ground, dug two 8" deep holes in the tarmac, throwing the chips into the side of my car. I checked and found half a dozen stone chip marks spread all along the driver's side. When I spoke to him he became quite aggressive and all he would offer was to buy a tin of touch up paint. What options do I have, short of making a claim on the insurance.

 

I'm not a legal expert, so can't give a definitive reply, but if it was me, & a reasonable discussion with the farmer had failed, I'd take plenty of pictures of the evidence & then document the event in writing & forward it to whoever maintains the road (presumably the local council?).

Maybe before you send it, a suggestion to the farmer that if he's not prepared to repair the damage he's caused, then you'll have no option to formally report the incident may persuade him to be more helpful?

Good luck, J

 

I'd either have the insurance company claim his insurance (assuming he has some if he's driving his vehicle on the public roads) for the work required, or arrange for a solicitor to send him a letter asking him to cover the work. Best thing to do is stop by a local bodyshop and get a quote first.

Forward him a copy of the quote with a letter asking him to cover the bill, or your solicitor will pursue it through the smalls claims court?

No idea, the legal eagles will probably be along shortly.

 

Why won't people accept responsibility for their actions? I don't see any benefit in speaking to whoever maintains the roads as this wasn't their fault. The farmer is responsible. A letter from the solicitor may be the way to go. However, how bad is the damage? is it really worth going through your insurance and then adding a non fault claim, which may increase your premium next year?

 

Mention that you may have to report damaging the road on the grounds of public safety. That should give you some leverage with him

MB

 

I hate it when people refuse to take responsibility for their actions like this

Get a couple of quotes (so he can see that you're not just picking one that takes the piss in terms of the cost of repairing) to sort the paintwork out and then either go and have a word with him or write him a letter enclosing copies and inviting him to contact you to discuss what he's going to do to resolve the problem.

If he refuses, or if you get no response to the letter, write to him again politely telling him that you have no wish to escalate the situation but, unless he agrees to cover the cost of the repairs, you will have no alternative but to issue county court small claims proceedings to recover the cost of repairing the paintwork.

If he still declines to do anything, have a look at the Money Claims Online website - a quick and easy way to issue proceedings electronically. Alternatively, you can do it on paper at the local county court. PM me if required and I'll send you a link to the DCA website that has all the forms online.

 

Sue the fecker. I have never met a poor farmer in my life.

 

I would also go to the council if he chooses the difficult path.

 

https://www.moneyclaim.gov.uk/csmco2/index.jsp

I'd not seen this before - worth a bookmark

 

Read the first few lines and thought you were going to say...and then
he picked my caravan up...

Russ.