Your thoughts on an incident

goodchild replied on 17/01/2019 17:25

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

 

 

JVB66 replied on 18/01/2019 09:21

Posted on 18/01/2019 09:21

We had a Barrier come down on our last coachbuilt motorcaravan at MIM as we were passing through ,they were only useing the one barrier for both ways as they were resurfacing the roads,,I had a letter from the regional manager apologising and accepted responsibilitycool

Milothedog replied on 18/01/2019 09:45

Posted on 17/01/2019 17:25 by goodchild

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

 

 

Posted on 18/01/2019 09:45

All down to you in my opinion, if you had had two mirrors fitted like the law requires you to have you would have been able to position yourself better on the road and not cut the corner with the caravan.  Save your money and put it down to experience your on a loser if you pursue it and may end up having to pay the barriers owners cost.

Watendlath replied on 18/01/2019 10:17

Posted on 18/01/2019 10:17

Sorry to disappoint but this looks to me as an unfortunate accident. I would treat this as such and make a claim on the insurance - after all that what it is there for. In no circumstance would I consider legal action unless you can afford lose a lot of money if/when the case goes against you which I think is quite likely

MichaelT replied on 18/01/2019 10:20

Posted on 18/01/2019 10:20

Agree with above, you should be able to see down both sides of the caravan and as your van is wider than your car you obviously could not as you admit above.  Seems you were in the middle of the road and hit the barrier that you could see coming down, the onus is not on the person to tell you to stop (but obviously it would have been helpful). So I think if you go to court you would lose and maybe get points and or fine for not having mirrors fitted.

I'm afraid you need to bite the bullet and pay up...

EmilysDad replied on 18/01/2019 10:22

Posted on 18/01/2019 10:22

I agree that the accident was due to the OP but ..... every other barrier I've come across has had pressure pads across the entrance &/or a photo cell 'looking' across the road such that in a situation such as this the barrier would at least stop coming down.

replied on 18/01/2019 10:28

Posted on 18/01/2019 10:28

If the action were in a small claims court cost recoveries are very limited. I personally would not wish to waste time and effort on bringing this particular claim. 

 

goodchild replied on 18/01/2019 11:23

Posted on 18/01/2019 11:23

Thankyou for all your input. Unfortunately on the A1 driving to the site a strap on my nearside mirror snapped and I had to remove it just incase it came off and hit another vehicle. I always drive with two mirrors as a rule. Just unfortunately this happened on the day if the incident. 

As I was there I never seen the barriers open or close, to me they were up and the road ahead was clear. He asked me to go ahead and gave no indication that the barriers were in operation, I moved over to avoid the fence, I was being careful in my opinion. The attendant could see it come down and didn't say anything, my car stayed within my carriageway and my caravan overhung the white line by two inches.

I have been in contact with the company who installed the barriers and they told me that they recommended for photocells and remote control fobs to be utilised but the park at the last minute decided not to have them installed. These devises have since been installed onto the barriers and they are counterclaiming the cost of them to be fitted onto myself.

My caravan was 2 feet from the fence on impact.

 

CCTV shows the road to be really wide but in fact it is pretty narrow. I will upload a pic.

I take everything onboard and thanks for everyone's time, although if yourselves were in a position were you could take extra room to be cautious in the thought that everything would be fine, let alone the attendant walking alongside my car and never informes me, I would like to think yourselves would like to use extra space.

Yes it was an acceidnt but it could have been avoided if they had adequate safety devices installed as recommended through a risk assessment and as it is the attendants duty to make sure people and property enter safely negligence is on him as he did not inform me. 

Ian

 

Takethedogalong replied on 18/01/2019 11:32

Posted on 18/01/2019 11:32

Hate to say it, but I think a lot of what you are saying is Solicitor wriggle. Don’t forget they get paid even if you lose, so think carefully about the cost of all this over what only looks to be trivial damage to your van.

Sorry, but I don’t think things will work out in your favour. 

Tinwheeler replied on 18/01/2019 11:38

Posted on 18/01/2019 11:30 by goodchild

 It won't let me upload a pic

Posted on 18/01/2019 11:38

It probably needs reducing. You’re welcome to email the pic to me and I’ll have a go if you want. Email address in my profile.

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