Your thoughts on an incident

goodchild replied on 17/01/2019 17:25

goodchild

Posted on 17/01/2019 17:25

Hi Guys,

I am taking a company to court for damage to my caravan. I have attached a link to my yourtube video, I was wondering as fellow carravaner's you would be able to give some input on your thoughts.

As I was sat in the Que of traffic both barriers were in the upright position throughout. You will see when I pull away the opposite side starts to come down, the attendant see's this, checks my position but didn't warn me, you can see by his facial expressions he knew something was wrong - my window was open throughout.

The CCTV makes the road look large but it is very narrow for tourer's in my opinion considering the fence to the kerb side and to the fact that the barriers meet each other in the middle of the road when both are closed. The direction I was going the road continued the bend as you can see behind me.

As I set off I knew I had to go over a speed bump, both my car and caravan, there is a blind spot to my left and I was aware that there could be cyclists and I wanted to avoid the fence that was erected at the side of the road. My car was in my lane throughout and my caravan overhung by 2 inches into the opposite carriageway on impact. The road ahead was clear.

As the barrier descends and from my angle I didnt see it, I had an A pillar which from the angle I was going towards the barrier it would always look as though it was in the upright position if that makes any sense, I glanced ahead and it was clear so I was checking my mirrors again whilst glancing directly ahead for any oncoming vehicles.

I have attached a photo of the road and the natural line that is taken even by cars alone.

Anyways I would love some feedback to reassure me as I have the court date next week.

https://www.youtube.com/watch?v=iiolaCy-Rc4

Thanks

Ian

417 replies

Randomcamper replied on 17/01/2019 18:14

Member

Randomcamper

Motorhomer

Posted on 17/01/2019 18:14

Interesting.

The chap in the yellow jacket clearly has chance to shout a warning to you, there is no sound (not on my computer anyway) but you say he doesn't shout a warning and he certainly doesn't appear to........

But the barrier is quite clearly coming down on the other side of the road as you set off. You could ( or should) have seen that. You drive into it.

Both at fault. If I was the judge I'd say 50/50, the site should pay for the damage to its barrier and you pay for the damage to your caravan.

Sorry if that's not what you want to hear, but that's how it appears to me.

There's no photo attached so can only base my opinion on the CCTV presented.

Tinwheeler replied on 17/01/2019 18:24

Tinwheeler

Campervanner from Cornwall

Posted on 17/01/2019 18:24

I agree. Faults on both sides.

Tinwheeler replied on 17/01/2019 18:55

Tinwheeler

Campervanner from Cornwall

Posted on 17/01/2019 18:55

"…there is a blind spot to my left and I was aware that there could be cyclists and I wanted to avoid the fence that was erected at the side…"

I might be wrong here but I can’t see a nearside extension mirror.

replied on 17/01/2019 19:06

Posted on 17/01/2019 19:06

No nearside extension mirror and I would save my money on court action if your defense is that you could not see if there were cyclists on your nearside. I suspect the judge would think 'what a pratt'

JVB66 replied on 17/01/2019 19:27

Member

JVB66

Campervanner from Hertfordshire

Posted on 17/01/2019 19:27

As other posters have pointed out the "blind spot?" is by looking at the pictures of your own making, by not having a nearside extension mirror,which has caused you to move across from your lane towards the middle of the road and as the c/van has followed your path by the looks crossed into the out barriers natural down path,,and i would also wonder how you missed it coming down,

IMHO i would bite the bullet and not try to make any other claim than on your insurance for any damage to both your LV and the companies barrier you damaged

eurortraveller replied on 17/01/2019 19:38

Member

eurortraveller

from Cornwall

Posted on 17/01/2019 19:38

Goodchild, my sympathy for you. I watched the video and said Ouch.

But I don't know the role of the yellow jacket man, why he stopped you before the Stop line, whether some other human was controlling the barriers, and I don't recognise the location - so best not for me to act as judge.

Oneputt replied on 17/01/2019 19:47

Member

Oneputt

Caravanner

Posted on 17/01/2019 19:47

In court I’m sure the company involved will make much of the fact that you didn’t have an extension mirror fitted, a legal requirement, so you were also responsible. Unless it’s a small claims court your costs could be substantial

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