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Car scratched because of careless binmen

  • 13-06-2017 10:40am
    #1
    Registered Users, Registered Users 2 Posts: 63 ✭✭


    Not sure if this is in the right place so if it isn't would be greatful if the mod could move it. Thanks.

    Anyway, I'm posting here on behalf of my aunt. She had an incident about a week ago with her car. Her car was parked in our driveway, which just about fits her car, not that this is relevant. Our next door neighbours have a different bin collection company but like everyone else they place their bins outside THEIR house for collection. The neighbours binman usually always places it back at the same spot but last week he didn't. What he did do was shove it in our driveway. This would have been fine but my aunt was in her car at the time starting the car and paid no attention to the binman. He placed the bin just right at the side of our driveway where my aunt couldn't see so as she reversed, the side of her car and all along the door, was badly scratched because of the bin.

    She then chased down the road after the binmen and obviously had a go at them but to which they replied that it wasn't their fault. They said they placed it there because they were in a hurry and that she should just basically let it go and get over it. She doesn't think there is much that can be done. She would just like to know what she can do, complaints wise.


«1

Comments

  • Registered Users, Registered Users 2 Posts: 15,006 ✭✭✭✭callaway92


    It wasn't their fault


  • Closed Accounts Posts: 4,030 ✭✭✭njs030


    It's up to your aunt to be aware of her surroundings when driving, there shouldn't be areas she can't see while reversing. What if someone is standing there or a child is about to run out behind her?
    If it was close enough to damage the car there's no excuse for not seeing it.


  • Closed Accounts Posts: 167 ✭✭Guy Sajer


    Can't see a complaint being upheld. Was your aunts fault.


  • Registered Users, Registered Users 2 Posts: 1,150 ✭✭✭how.gareth


    It's a tough one and I feel her pain but your aunt is responsible for checking what's behind her at all times, it could have been a child instead of a bin so she is better off just getting the car fixed and try not get too upset over it


  • Registered Users, Registered Users 2 Posts: 5,578 ✭✭✭Scraggs


    While the binmen shouldn't have left the bin in the wrong garden your aunt is still at fault for driving without checking. I've scratched my own car by not minding a family members bike parked so I can understand how annoyed she is. Not paying attention coz you're used to an area is one of the most dangerous things while driving so at least it was only a scratch.


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  • Registered Users, Registered Users 2 Posts: 110 ✭✭I Am_Not_Ice


    The bin men are partly to blame. They should have put the bin back in the correct driveway. I hope your aunt pursues this.


  • Registered Users, Registered Users 2 Posts: 8,644 ✭✭✭cml387


    The bin men are partly to blame. They should have put the bin back in the correct driveway. I hope your aunt pursues this.

    The binmen are in no way to blame.
    It's up to the driver to be aware of obtsructions when reversing.


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Your aunt missed a bin.

    Bad enough but when she hit it she continued reversing.

    She should chalk it down as a lesson and learn to check her mirrors and blind spot.

    Could have been a child.


  • Moderators, Regional Midwest Moderators Posts: 11,183 Mod ✭✭✭✭MarkR


    The bin men are partly to blame. They should have put the bin back in the correct driveway. I hope your aunt pursues this.

    Ah.... No.


  • Registered Users, Registered Users 2 Posts: 110 ✭✭I Am_Not_Ice


    MarkR wrote: »
    Ah.... No.

    Um, yes. Yes they are. While the driver should have been aware of her surroundings, but for the fact that the bin men failed to do their job correctly by returning the bin to its rightful place the incident would never have happened. They are most definitely partly responsible.

    OP, your aunt should not let this go.


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  • Closed Accounts Posts: 4,030 ✭✭✭njs030


    Um, yes. Yes they are. While the driver should have been aware of her surroundings, but for the fact that the bin men failed to do their job correctly by returning the bin to its rightful place the incident would never have happened. They are most definitely partly responsible.

    OP, your aunt should not let this go.

    You're as entitled to your opinion as anyone, how do you suggest she proceeds?

    What is her claim? She was reversing without due care and attention, didn't check her blind spots and even when she hit the bin she continued to reverse damaging the entire side of her car.

    Saying "oh but someone left something in my way and I didn't see it because I wasn't looking" is quite a strange defence TBH.

    There's no law saying bins have to be returned to "its rightful place" there is a law saying drivers must pay attention to the road.


  • Registered Users, Registered Users 2 Posts: 31,218 ✭✭✭✭freshpopcorn


    Your aunt needs to learn to take responsibility for her actions. Bins get moved at collection time.
    Just tell her Mirror, Signal, Manoeuvre in future!


  • Registered Users, Registered Users 2 Posts: 21,039 ✭✭✭✭retro:electro


    Count your blessings that it wasn't a child she hit due to her negligence. Just let it go.


  • Registered Users, Registered Users 2 Posts: 1,049 ✭✭✭groovyg


    I can't believe somebody just reverses out of their driveway with out checking their blind spots or if there is anything behind them. Also if you hit something would not stop and get out of the car? The fact she continued to reverse, scratch the whole side or her car and then chase after the bin lorry is a bit nuts.
    Then again I shouldn't be surprised this Ireland after all - land of compo claims where nobody ever wants to take responsibility for their actions. She is damn lucky it wasn't a small kid she hit or she would have more than a scratch on her car to worry about.


  • Registered Users, Registered Users 2 Posts: 14,234 ✭✭✭✭Dial Hard


    Yet another reason why you should always reverse into a driveway. Or any other parking spot other than slant ones.

    Your aunt's going to have to just suck it up, OP.


  • Registered Users, Registered Users 2 Posts: 17,737 ✭✭✭✭kylith


    She may want to check, if she is thinking about pursuing a claim, about if her manoeuvre was lawful. Disregarding the 'due care and attention' and not checking; in the UK it's against the highway code to reverse out of a drive, and I've been told that there is something similar here.


  • Registered Users, Registered Users 2 Posts: 1,813 ✭✭✭Wesser


    yours aunts fault.


  • Registered Users, Registered Users 2 Posts: 789 ✭✭✭jimd2


    Dial Hard wrote: »
    Yet another reason why you should always reverse into a driveway. Or any other parking spot other than slant ones.

    Your aunt's going to have to just suck it up, OP.

    +1

    I was just about to post same.


  • Registered Users, Registered Users 2 Posts: 63 ✭✭wehuntmonsters


    groovyg wrote: »
    I can't believe somebody just reverses out of their driveway with out checking their blind spots or if there is anything behind them. Also if you hit something would not stop and get out of the car? The fact she continued to reverse, scratch the whole side or her car and then chase after the bin lorry is a bit nuts.
    Then again I shouldn't be surprised this Ireland after all - land of compo claims where nobody ever wants to take responsibility for their actions. She is damn lucky it wasn't a small kid she hit or she would have more than a scratch on her car to worry about.

    You need to cool down and I don't appreciate you referring to my aunt as nuts. I never said she wanted compo. I explicitly explained that she knew she wasn't entitled, or wasn't sure, but rather wanted to make a COMPLAINT. Wish people would read clearly before losing their heads. I don't see how the bin man can just dump the bin in front of her drive whilst she was getting ready to reverse. He should have put the bin back exactly where he was meant to.

    And anyway, there is only one family on the estate with a child. Who happens to be 12 months. Can't see her being knocked down.


  • Registered Users, Registered Users 2 Posts: 63 ✭✭wehuntmonsters


    You're as entitled to your opinion as anyone, how do you suggest she proceeds?

    What is her claim? She was reversing without due care and attention, didn't check her blind spots and even when she hit the bin she continued to reverse damaging the entire side of her car.

    Saying "oh but someone left something in my way and I didn't see it because I wasn't looking" is quite a strange defence TBH.

    There's no law saying bins have to be returned to "its rightful place" there is a law saying drivers must pay attention to the road.
    She didn't continue to reverse, don't ever remember saying that. She stopped as soon as she hit it but the way it fell against the car was the reason the scratch came about.

    It's a small driveway, and it only happened at the back seat doors.


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  • Administrators, Society & Culture Moderators Posts: 14,910 Admin ✭✭✭✭✭Big Bag of Chips


    If she didn't notice a very big, loud, noisy bin lorry and then an empty noisy wheelie bin being put back on the footpath, how do you think the bin men noticed her sitting in her car?

    It was an accident. She reversed into something that she didn't see was there. Not exactly the fault of the binmen. When I lived in an estate my bin might often be left back at the next door neighbours house right beside their bin. It never dawned on me to complain that it wasn't put back in the right place. That it was your neighbours bin day is irrelevant. Does your aunt know when your bin day is? What if it had been your bin day and your bin? Would she have known to look out for your bin? Did she even know it WASN'T your bin when she hit it?

    She reversed without looking properly. She tipped something. If she reversed into a parked car it would be her fault. Not the fault of the person who parked the car.


  • Registered Users, Registered Users 2 Posts: 63 ✭✭wehuntmonsters


    If she didn't notice a very big, loud, noisy bin lorry and then an empty noisy wheelie bin being put back on the footpath, how do you think the bin men noticed her sitting in her car?

    It was an accident. She reversed into something that she didn't see was there. Not exactly the fault of the binmen. When I lived in an estate my bin might often be left back at the next door neighbours house right beside their bin. It never dawned on me to complain that it wasn't put back in the right place. That it was your neighbours bin day is irrelevant. Does your aunt know when your bin day is? What if it had been your bin day and your bin? Would she have known to look out for your bin? Did she even know it WASN'T your bin when she hit it?

    She reversed without looking properly. She tipped something. If she reversed into a parked car it would be her fault. Not the fault of the person who parked the car.

    Again, another example of someone not reading the op properly. I never said she didn't notice the bin lorry did I? I said she paid no attention to the binman because she assumed he would place it back where he was meant to. My aunt, and all of her neighbours, place their bins outside their fences on the front path so nobody could ever knock them over. Where they always place them is impossible for someone to knock them over unless they decide to knock down their fence by driving into it. The binman had plenty of room to place it back without obstructing my aunts drive but was too lazy to do so even though he saw her get into her car and getting ready to reverse. It's not much to ask that someone does their job properly.

    She has been driving for nearly 25 years. Can't imagine her doing something as stupid as crashing into a parked car. Something that she already knows is there.


  • Closed Accounts Posts: 4,030 ✭✭✭njs030


    She didn't continue to reverse, don't ever remember saying that. She stopped as soon as she hit it but the way it fell against the car was the reason the scratch came about.

    It's a small driveway, and it only happened at the back seat doors.

    You're kinda missing the point that she shouldn't be hitting objects in the first place.
    If she can't see stationary objects when moving at that slow a speed she's not observing properly!


  • Administrators, Society & Culture Moderators Posts: 14,910 Admin ✭✭✭✭✭Big Bag of Chips


    This would have been fine but my aunt was in her car at the time starting the car and paid no attention to the binman.

    That was her very first mistake.
    she assumed he would place it back where he was meant to.

    That was her second mistake.

    If she knew the lorry was there, if she knew the binman was there then the minimum she should have done was check that the way was clear before reversing. Bin men move bins, that's their job. Not all of them put them back in exactly the position they take them from. They are not required to.

    Tell your aunt to pay attention to the binmen in future.
    Can't imagine her doing something as stupid as crashing into a parked car. Something that she already knows is there.

    But if she was sitting in her car waiting to reverse, and paid no attention to someone parking behind her (say in a parallel spot in town, for instance) or reversed out of a spot and paid no attention to a car stopped behind her waiting to go into another space, then it's very easy to imagine her hitting a parked car. Especially if she is prone to paying no attention to what is going on around her (which you have stated numerous times is what happened on this occasion)

    Edit:
    And anyway, there is only one family on the estate with a child. Who happens to be 12 months. Can't see her being knocked down.

    Nobody ever visits or walks by, no?
    She would just like to know what she can do, complaints wise.

    She can make a complaint, of course she can. People complain about things all the time. She won't get far, but nothing is stopping her complaining.


  • Administrators, Society & Culture Moderators Posts: 14,910 Admin ✭✭✭✭✭Big Bag of Chips


    Moved from Personal Issues. Motors Forum Charter applies..


  • Registered Users, Registered Users 2 Posts: 7,607 ✭✭✭Meauldsegosha


    I never said she didn't notice the bin lorry did I? I said she paid no attention to the binman because she assumed he would place it back where he was meant to.

    There is the problem. You should never assume anything when driving, especially when reversing. Your aunt is at fault here, 100%.


  • Registered Users, Registered Users 2 Posts: 18,719 ✭✭✭✭_Brian


    The bin was stationary and she scratched car up against it.

    It's unfortunate but 100% her fault.

    We all want things to be someone else's fault, but you know what - mostly it's not !


  • Registered Users, Registered Users 2 Posts: 8,644 ✭✭✭cml387



    She has been driving for nearly 25 years.

    Obviously fatigue must have been a factor.


  • Registered Users, Registered Users 2 Posts: 21,039 ✭✭✭✭retro:electro


    Thread title needs to be changed to "car scratched because of careless driver"


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  • Closed Accounts Posts: 1,360 ✭✭✭I love Sean nos


    Hopefully the neighbour's bin wasn't damaged, or she'll be forking out for that too.


  • Registered Users, Registered Users 2 Posts: 6,995 ✭✭✭Sofiztikated


    Was there any damage to the bins?


  • Registered Users, Registered Users 2 Posts: 12,866 ✭✭✭✭bear1


    Such rubbish.













    I'll get my coat.


  • Registered Users, Registered Users 2 Posts: 3,782 ✭✭✭dmc17


    Was there any damage to the bins?

    Yeah, they're only fit for the trash after the incident


  • Registered Users, Registered Users 2 Posts: 2,674 ✭✭✭Skatedude


    "because she assumed" and you know what they say about that.


  • Registered Users, Registered Users 2 Posts: 21,039 ✭✭✭✭retro:electro


    Would love to see this on Judge Judy. She'd eat your aunt up for breakfast.


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  • Registered Users, Registered Users 2 Posts: 7,430 ✭✭✭bladespin


    dmc17 wrote:
    Yeah, they're only fit for the trash after the incident


    Yup hands up I lold.

    Seriously thiugh, it's a joke thread, isn't it?

    MasteryDarts Ireland - Master your game!



  • Registered Users, Registered Users 2 Posts: 7,430 ✭✭✭bladespin


    cml387 wrote:
    Obviously fatigue must have been a factor.


    Got me again.

    MasteryDarts Ireland - Master your game!



  • Registered Users, Registered Users 2 Posts: 700 ✭✭✭galvo_clare


    And that makes it ok to reverse into a road without looking?
    As others have said, reversing in is the right way to do it. You have much more control and visibility. I don't know why this isn't drilled into every learner driver.
    And anyway, there is only one family on the estate with a child. Who happens to be 12 months. Can't see her being knocked down.


  • Registered Users, Registered Users 2 Posts: 31,218 ✭✭✭✭freshpopcorn


    . The binman had plenty of room to place it back without obstructing my aunts drive but was too lazy to do so even though he saw her get into her car and getting ready to reverse. It's not much to ask that someone does their job properly.

    Binman have a very hard job all ready. They tend to run of a very tight ship and barely have time to take a breath. With us now they've to lift a very heavy compost bin into the nearside of the lorry as well as having to wheel the recycling and rubbish bins as well.If they had to worry about having to put every bodies bin back in the same place they'd job would be even tougher.
    Tell your aunt to look where she's going!


  • Registered Users, Registered Users 2 Posts: 2,704 ✭✭✭Cheensbo


    Skatedude wrote: »
    "because she assumed" and you know what they say about that.

    The ass will make an umption out of her?


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  • Registered Users, Registered Users 2 Posts: 7,525 ✭✭✭kona


    Would a bit of polish sort out the scratches and avoid the drama?


  • Registered Users, Registered Users 2 Posts: 795 ✭✭✭Alias G


    And that makes it ok to reverse into a road without looking?
    As others have said, reversing in is the right way to do it. You have much more control and visibility. I don't know why this isn't drilled into every learner driver.

    Is it not technically illegal to reverse from your drive onto the road?


  • Moderators, Business & Finance Moderators Posts: 17,858 Mod ✭✭✭✭Henry Ford III


    Alias G wrote:
    Is it not technically illegal to reverse from your drive onto the road?

    It's certainly a good idea to reverse into your driveway. Most people can't or won't.


  • Registered Users, Registered Users 2 Posts: 829 ✭✭✭hognef


    Binman have a very hard job all ready. They tend to run of a very tight ship and barely have time to take a breath. With us now they've to lift a very heavy compost bin into the nearside of the lorry as well as having to wheel the recycling and rubbish bins as well.If they had to worry about having to put every bodies bin back in the same place they'd job would be even tougher.

    This is not a comment on the OP's aunt's driving, but bin men being under (too much) pressure does not entitle them to skimp on the service that they are expected to perform and that we, as customers, are paying for.

    In general, I think it's perfectly reasonable to expect a bin to be returned to roughly where it was found (if not, where does one draw the line? Should they be entitled to leave it two streets away?). They certainly shouldn't be left on somebody else's property.

    If their current duties are too hard to fit in to the day, then there's a problem in terms of staffing and/or tooling. This is the responsibility of the bin company to sort out. They can't refuse to provide the service that we have signed up for because of lack of resources. Either charge us more or make the collection more efficient, for example by requiring customers to bring their bins to a common location. Or at least make it clear to us that we can expect of the service. No different from any other service, in fairness.


  • Administrators, Society & Culture Moderators Posts: 14,910 Admin ✭✭✭✭✭Big Bag of Chips


    hognef wrote: »
    In general, I think it's perfectly reasonable to expect a bin to be returned to roughly where it was found
    Our next door neighbours have a different bin collection company but like everyone else they place their bins outside THEIR house for collection.....

    .....He placed the bin just right at the side of our driveway where my aunt couldn't see so as she reversed, the side of her car and all along the door, was badly scratched because of the bin.

    It was returned to roughly where it was found! It was nextdoor's bin, it was put to the side of the OP's driveway... So, roughly outside the nextdoor neighbour's house. If bin men are in a hurry they might grab a bin, and put it beck roughly where they got it from. They might not take exact notice of the house number. But the bin will never be 2 streets away! It not like he plonked it back right in the middle of the drive, behind her car! It was to the side. The side of the car is damaged. Had the aunt checked her side mirror (instead of paying no attention to the bin men) she would have seen the bin.

    I don't think the OP is a reliable witness to the situation. Did you actually witness it, OP? First the driveway is barely wide enough to fit the car, but somehow the binman managed to get a wheelie bin in the drive beside the car, which the aunt couldn't see? She was in the car, so if the binman did put the bin into the drive very very close to her car, surely she should have been aware enough at that point to realise he was there. Empty wheelie bins aren't quiet!


  • Moderators, Regional Midwest Moderators Posts: 11,183 Mod ✭✭✭✭MarkR


    So the driver hit a stationary object, but wants to blame someone else? Driver should be fined for not driving without due care and attention, never mind looking for a claim. Complete nonsense.


  • Registered Users, Registered Users 2 Posts: 18,585 ✭✭✭✭bucketybuck


    This would have been fine but my aunt was in her car at the time starting the car and paid no attention

    Maybe she should pay attention then.
    Can't see her being knocked down.

    Sounds like your aunt wouldn't see it either.


  • Registered Users, Registered Users 2 Posts: 33,709 ✭✭✭✭Cantona's Collars


    What would be the case if she had reversed over the binman while he was putting the bin back? I doubt the op would be looking to chase compo over a scratch.
    The rule of driving is always be aware of your surroundings.


  • Registered Users, Registered Users 2 Posts: 12,133 ✭✭✭✭GBX


    hognef wrote: »
    This is not a comment on the OP's aunt's driving, but bin men being under (too much) pressure does not entitle them to skimp on the service that they are expected to perform and that we, as customers, are paying for.

    In general, I think it's perfectly reasonable to expect a bin to be returned to roughly where it was found (if not, where does one draw the line? Should they be entitled to leave it two streets away?). They certainly shouldn't be left on somebody else's property.

    If their current duties are too hard to fit in to the day, then there's a problem in terms of staffing and/or tooling. This is the responsibility of the bin company to sort out. They can't refuse to provide the service that we have signed up for because of lack of resources. Either charge us more or make the collection more efficient, for example by requiring customers to bring their bins to a common location. Or at least make it clear to us that we can expect of the service. No different from any other service, in fairness.

    You could well be right. But that doesn't take away from the fact that the OPs aunt did not do her checks before she decided to reverse out of the driveway. No matter how fatigued any bin man is they are not at fault for the scratches on the car.
    Even if the aunt contacts the bin company, what will she say " oh I never looked behind me after the lads put a bin behind me in a drive way and I scratched my car". They wont entertain anything on it.


  • Registered Users, Registered Users 2 Posts: 829 ✭✭✭hognef


    GBX wrote: »
    You could well be right. But that doesn't take away from the fact that the OPs aunt did not do her checks before she decided to reverse out of the driveway. No matter how fatigued any bin man is they are not at fault for the scratches on the car.
    Even if the aunt contacts the bin company, what will she say " oh I never looked behind me after the lads put a bin behind me in a drive way and I scratched my car". They wont entertain anything on it.

    Indeed. The bin mens' or bin company's actions may or may not justify a complaint, but that would have no bearing on the responsibility of the driver in this case. I never meant to suggest otherwise.


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