Van Damage due to house owners man made concrete block infront of house

tvjunki

My husband was driving his van out of lane onto a country road. The road is very narrow so you need to extra bit to swing the van onto the lane. When he pulled away he could not see that grey concrete block was on the corner and his back wheel ran over it. We think it damaged the back shock, ball joint and spring. He is bringing it to a garage tomorrow.

My husband knocked into the house and he said what happened due to the mans concrete block. The owner used very bad language that I cannot repeat here and he said dont drive on my grass verge. Tuff. I am not paying!! The block is grey concrete and if you are in a van you cannot see it if you turn left out of the drive/lane onto the country road. Another neighbour came over to see if my husband was alright and could see the damage as well as a friend who he was just talking too. The concrete bolder looked like it was man made and we think it was the own owner as there would be no need to have a a bucket shaped bolder made from concrete left on the corner of a grass verge. It was grey in colour and no bright paint.

It could cost 500euros or maybe more as it is a large van. There is no sign posts. and there a few stones he has painted white the size of a mans hand. You would not see it with a right hand side. The road is very tight when you pass a car on the country road.
Any advice would be appreciated.

nuac

Mod
Will leave open for general discussion subject to rule on legal advice

Atlantic Dawn

Was the land the concrete block was on owned by the homeowner or the council?

Sleeper12

I don't see what you can do about it tbh. Even if it's public property you'll never prove who created the concrete blob. If it is on private property then it's private property.

Think of all the damage done to cars on pot holes in Ireland each year. It's almost a to get the council to pay.

Hopefully it's not as badly damaged as you think

Victor

What if the blob of concrete was a child?

Note it is an offence to drive on a grass verge. Creating a roadside hazard has it's own liability issues.

NUTLEY BOY

Creating a hazard on the "highway" usually attracts a strict liability.

P.S. It would be worth photographing the blob in case the evidence disappears. be sure to have a few long shots for positional perspective.

tvjunki

Atlantic Dawn wrote: »

Was the land the concrete block was on owned by the homeowner or the council?

I think the homeowner made it as when my husband knocked in he said so tuff Dont drive on my grass.

tvjunki

Bit more information...
If you think of a country lane there are ditches on each side of the road and where there is a house the ditch is filled in with mud and grass in front of the house. The house owner has a boundary wall at the front and the grass is on the road side where you would have had the ditch.
Trucks and vans pull out of a premises along the side of the house.
Because there is a tight turn my husband took it slowly but clipped the concrete blob(that he could not see as it was on his left side) and pulled it along under the back wheel. Along this lane you need to pull over if there is another car passing. My husband was not driving fast but he has a large van.
It was another neighbour that walked over to see if my husband was alright as he seen him pull along the road and park. He heard the noise.
the blob was man made and not what the council would make. It was grey not in bright colours or with floresent paint or tags.

My husband called into the guards and one said the owner has possibly a duty of care to other road users and pedestrians.

tvjunki

NUTLEY BOY wrote: »

Creating a hazard on the "highway" usually attracts a strict liability.

P.S. It would be worth photographing the blob in case the evidence disappears. be sure to have a few long shots for positional perspective.

thanks he did take a few photographs and used a tape measure to work out the size of the concrete blob. If you were walking along the road at night you would not see it and you could fall over it onto the tarmac or grass verge.

tvjunki

Atlantic Dawn wrote: »

Was the land the concrete block was on owned by the homeowner or the council?

the council would not make this concrete bolder using an old bucket. Definately made by the owner.

mloc123

If you clipped a wall pillar when pulling out of a lane/driveway and damaged your car/van... who would pay for the damage? You would, and you would make sure to be more careful in the future.

tvjunki

Sleeper12 wrote: »

I don't see what you can do about it tbh. Even if it's public property you'll never prove who created the concrete blob. If it is on private property then it's private property.

Think of all the damage done to cars on pot holes in Ireland each year. It's almost a to get the council to pay.

Hopefully it's not as badly damaged as you think

I have heard of people getting their damaged cars paid for my the council due to potholes. Just having the evidence before the council fills it in is the issue. Having said that it was a few years ago.



My husband is bringing it to a garage today so should have an update.

sbsquarepants

Am I missing something.
Your husband was driving on the grass but reckons someone else should pay because his van got damaged?

tvjunki

Victor wrote: »

What if the blob of concrete was a child?

Note it is an offence to drive on a grass verge. Creating a roadside hazard has it's own liability issues.

My husband always looks out for children when he is driving and he would stop and wait for them to move or pass.

If you have to wait for another car to pass you would actually pull up at his verge and mark it. The road is narrow.


I have never heard of it being an offence to drive on a grass verge. There is no walk way along where the grass verge is as you would see in a housing estate. It is a bit of grass infront of a house along a country road.

tvjunki

mloc123 wrote: »

If you clipped a wall pillar when pulling out of a lane/driveway and damaged your car/van... who would pay for the damage? You would, and you would make sure to be more careful in the future.

He was nowhere near the pillar. If he was and he damaged the pillar he would pay to fix it.

This is a concrete blob/ bolder that you could not see. If there were the yellow plastic sticks that are 3 feet high he would be able to see it in the van. This was very low down and grey in colour..

Your opening posts sounds like you already knew that the concrete block was there.

Odelay

sbsquarepants wrote: »

Am I missing something.
Your husband was driving on the grass but reckons someone else should pay because his van got damaged?

You know the strip of hard standing/ grass in front if most recent one off houses in the countryside? Well in the planning permission normally that is to be maintained as a hard surface that a car can drive on without obstruction.
Looks here like the homeowner did not maintain a hard surface and infact stuck an obstruction into the grass, so yes, I'd be expecting the clown that put the concrete in there to pay.

OP, check planning conditions for the house.

tvjunki

sbsquarepants wrote: »

Am I missing something.
Your husband was driving on the grass but reckons someone else should pay because his van got damaged?

A concrete bolder that should not be left out. If you walked into it at night you would be in a bad way the next day.

fxotoole

Damn. I thought this thread would be about Van Damme causing some Van Dammage to his neighbours house 😢

tvjunki

Strawberry Milkshake wrote: »

Your opening posts sounds like you already knew that the concrete block was there.

Sorry for the error. He did not know they were there. It looked like it was made by the owner and when he called in he said so tuff and other words were used.So we made the assumption the owner made it. Correct it now.

fxotoole

tvjunki wrote: »

I think the homeowner made it as when my husband knocked in he said so tuff Dont drive on my grass.

Have you any proof that the homeowner in question made it?

tvjunki

fxotoole wrote: »

Have you any proof that the homeowner in question made it?

I think if my husband turned up with a pick axe and broke it into pieces the owner would complain of damaging his property. I cant see if anyone else would have made it. It is only for the owners use.

cruizer101

There is another thread on this here:
https://www.boards.ie/vbulletin/showthread.php?t=2055491982&page=2

There doens't seem to be any link to legislation but it does seem the advice was they are illegal and I recall hearing if they are there they have to be clearly marked, what defines clearly is a bit debatable mind.

sbsquarepants

Odelay wrote: »

You know the strip of hard standing/ grass in front if most recent one off houses in the countryside? Well in the planning permission normally that is to be maintained as a hard surface that a car can drive on without obstruction.
Looks here like the homeowner did not maintain a hard surface and infact stuck an obstruction into the grass, so yes, I'd be expecting the clown that put the concrete in there to pay.

OP, check planning conditions for the house.

You live and you learn:p

I'm a city slicker, the rule of thumb round my way is you keep on the black stuff and keep off the green stuff!

I'd imagine you'd have serious trouble proving the homeowner put the concrete there however.

fxotoole

Exactly. Unless you can prove the homeowner put it there, it’s a very much a “he said, she said” scenario. In my opinion.

It could have fallen off a back of a lorry

tvjunki

cruizer101 wrote: »

There is another thread on this here:
https://www.boards.ie/vbulletin/showthread.php?t=2055491982&page=2

There doens't seem to be any link to legislation but it does seem the advice was they are illegal and I recall hearing if they are there they have to be clearly marked, what defines clearly is a bit debatable mind.

I will have a good read of that now. Thanks.

tvjunki

Strawberry Milkshake wrote: »

It could have fallen off a back of a lorry

Dont think so not by what the home owner said to my husband.

TheBoyConor

tvjunki wrote: »

He was nowhere near the pillar. If he was and he damaged the pillar he would pay to fix it.

This is a concrete blob/ bolder that you could not see. If there were the yellow plastic sticks that are 3 feet high he would be able to see it in the van. This was very low down and grey in colour..

You missed the point.

The point TVJ was making was that if there happened to be a wall, pillar, ditch or other object or structure an the roadside and you husband whacked his van off of it, would you expect the relevant owner to pay any damage to the van?

the way I see it OP, your husband whacked his van off of a concrete block or makeshift bollard. He wasn't paying enough attention to the road and obstacles on/beside it. If he had been paying proper attention he wouldn't have hit it. I have no sympathy.
Nor do I have any sympathy for the homeowner and his precious grass - people like this annoy me because they have feck all else to do only worry about their grass and expect everyone to care as much as they.

Your husband and the grass/block man are well paired imho.

tvjunki

If my husband drives passed the house the concrete bolder is put in the front on the verge again then we will know the owner put it there.

tvjunki

TheBoyConor wrote: »

You missed the point.

The point TVJ was making was that if there happened to be a wall, pillar, ditch or other object or structure an the roadside and you husband whacked his van off of it, would you expect the relevant owner to pay any damage to the van?

the way I see it OP, your husband whacked his van off of a concrete block or makeshift bollard. He wasn't paying enough attention to the road and obstacles on/beside it. If he had been paying proper attention he wouldn't have hit it. I have no sympathy.
Nor do I have any sympathy for the homeowner and his precious grass - people like this annoy me because they have feck all else to do only worry about their grass and expect everyone to care as much as they.

Your husband and the grass/block man are well paired imho.

The concrete bolder was not painted in a bright or any colour so you can see it.

If you put skip in a road you have to have hazard signs lights etc. A yellow plastic stick that you see on the motorway are safer and you can see them from a distance. This you could not see.

tvjunki

tvjunki wrote: »

If my husband drives passed the house the concrete bolder is put in the front on the verge again then we will know the owner put it there.

Only if your husband sees the house owner physically dropping it there and records him doing it. Otherwise, it could be anyone doing it, including yourself or your husband.

You need solid proof.

tvjunki

Odelay wrote: »

You know the strip of hard standing/ grass in front if most recent one off houses in the countryside? Well in the planning permission normally that is to be maintained as a hard surface that a car can drive on without obstruction.
Looks here like the homeowner did not maintain a hard surface and infact stuck an obstruction into the grass, so yes, I'd be expecting the clown that put the concrete in there to pay.

OP, check planning conditions for the house.

Thanks. I will do.

deletthis

tvjunki wrote: »

The concrete bolder was not painted in a bright or any colour so you can see it.

If you put skip in a road you have to have hazard signs lights etc. A yellow plastic stick that you see on the motorway are safer and you can see them from a distance. This you could not see.

It's not in the road. It's on the homeowners private property. Which your husband shouldn't be driving on.

TheBoyConor

tvjunki wrote: »

The concrete bolder was not painted in a bright or any colour so you can see it.

If you put skip in a road you have to have hazard signs lights etc. A yellow plastic stick that you see on the motorway are safer and you can see them from a distance. This you could not see.

So. walls, buildings, random stones falling out of the ditch, animals are not painted bright colours nor have flashing lights. Drivers still need to have awareness and are responsible for safe driving and avoiding hitting obstacles.

Lookit OP, the owner of the house is a dick to put the blocks there. But that's besides the point.
At the end of the day your husband screwed up by hitting it.

And what is the damage, I'd find it hard to believe rolling over a concrete block did any serious damage. Take it on the chin and tell him not to be driving into long grass that could conceal an unknown object in the future.

Hitman3000

tvjunki wrote:

If my husband drives passed the house the concrete bolder is put in the front on the verge again then we will know the owner put it there.

Unless you see the home owner put the bollard on the grass verge you won't know who put it there. It's not what you know but what you can prove.

tvjunki

TheBoyConor wrote: »

So. walls, buildings, random stones falling out of the ditch, animals are not painted bright colours nor have flashing lights. Drivers still need to have awareness and are responsible for safe driving and avoiding hitting obstacles.

Lookit OP, the owner of the house is a dick to put the blocks there. But that's besides the point.
At the end of the day your husband screwed up by hitting it.

And what is the damage, I'd find it hard to believe rolling over a concrete block did any serious damage. Take it on the chin and tell him not to be driving into long grass that could conceal an unknown object in the future.

As the van is long the bolder was at the corner of the grass verge. This man made concrete bolder the size of a builders bucket. This went under the back wheel (not the tyre but the frame) and broke the shock, spring and ball joint out. Husband drove a few yards to straighten up the van to see the damage. So not a little thing. The road is narrow as I said and he pulled the van as far across as he could but this thing got under the wheel and damaged the van.

TheBoyConor

Long van or short van, blue van or pink van, it hardly matters.

Your husband was driving the van and as the driver he is responsible for making sure he doesn't hit anything. It's his fault.

[/end of thread]

elbyrneo

TheBoyConor wrote: »

Long van or short van, blue van or pink van, it hardly matters.

Your husband was driving the van and as the driver he is responsible for making sure he doesn't hit anything. It's his fault.

[/end of thread]

Not so quick. Before we end this thread, and whilst possibly not entirely pertinent to the legal debate, I think it is quite important to confirm if either the driver or the neighbours first name is Jean-Claude.


If it is indeed the case, then i would suggest the thread title clearly needs be renamed to Jean-Claude Van Damage.

Mod
Pls stay on topic

fxotoole

Jokes already been done. See post #19

https://www.boards.ie/vbulletin/showpost.php?p=107409145&postcount=19

elbyrneo

fxotoole wrote: »

Jokes already been done. See post #19

https://www.boards.ie/vbulletin/showpost.php?p=107409145&postcount=19

Ah sorry must have been AWOL for that one. Double impact fail.....

Midnight Sundance

Double check if the owner of the house actually owns the grass in front. The council own the grass in front of my parents house. My parents still mow the grass but apparently they shouldn’t . I also thought you weren’t allowed to put those rocks along your grass front because if one rolled onto the roadway or the side of the road and a car was damaged then you were liable.
Any country lanes I go down the grass verge has to be used at times, especially if you meet a tractor or a large vehicle.
I would definitely check more into This as it seems like your neighbour made an obstacle for the sole purpose of restricting vehicles and without properly advertising that the obstacles were there in the first place .

Marcusm

tvjunki wrote: »

If my husband drives passed the house the concrete bolder is put in the front on the verge again then we will know the owner put it there.

But it’s still not on the road and he only hit it because he left the road and drove on the verge. The occupier shouldn’t Place hidden dangers but surely you can see that your husband bears responsibility for his own negligent driving?

fxotoole

Midnight Sundance wrote: »

Double check if the owner of the house actually owns the grass in front. The council own the grass in front of my parents house. My parents still mow the grass but apparently they shouldn’t . I also thought you weren’t allowed to put those rocks along your grass front because if one rolled onto the roadway or the side of the road and a car was damaged then you were liable.
Any country lanes I go down the grass verge has to be used at times, especially if you meet a tractor or a large vehicle.
I would definitely check more into This as it seems like your neighbour made an obstacle for the sole purpose of restricting vehicles and without properly advertising that the obstacles were there in the first place .

You still need to prove the neighbor did it though