Your le­gal ques­tions

Motorcycle News (UK) - - GARAGE -

Who’s to blame for my gravel crash?

I was rid­ing along a B-road when I sud­denly came upon gravel all over the road and lost con­trol. My solic­i­tors wrote to the own­ers of the house from where it seemed most of their gravel drive had been washed onto the road due to heavy rain. How­ever, their home in­sur­ers have re­sponded deny­ing re­spon­si­bil­ity. They say the in­sured re­ported the gravel on the road to the coun­cil twice - three hours and one hour be­fore the ac­ci­dent and there­fore did all they needed to do and can­not be held ac­count­able. Should I claim against the coun­cil in­stead? Chris Pea­cock, Hants

A

It is good news that it is ac­cepted that the gravel em­anated from the po­ten­tial de­fen­dant’s drive­way. The two po­ten­tial claims here are against the home owner or against the coun­cil. The home owner for al­low­ing the es­cape of gravel onto the high­way and most im­por­tantly al­low­ing it to re­main there af­ter re­al­is­ing what had hap­pened. The fact that they found it nec­es­sary to call the coun­cil twice shows they ap­pre­ci­ated the dan­ger it pre­sented. They could have called the emer­gency ser­vices or cleared it up them­selves, but they didn’t. The coun­cil is un­der a duty to act within a rea­son­able time frame. In times of flood­ing they are in­un­dated and have to pri­ori­tise jobs. I don’t be­lieve the coun­cil will be held li­able in this case and I would strongly rec­om­mend that you pur­sue the home owner’s in­surer with your claim. Good luck.

‘They could have called 999 or cleared it up them­selves’

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