Car damage by road workers

[JamesKay]

Hi all, My car's side mirror got ripped off completely a few weeks ago while road works were going on right in front of our house and the workers denied any responsibility saying they found it on the ground when they got there.

 

I know they're lying because when they arrive for work they knocked on our door and said they would be working right outside our house and that we'd have limited accessibility to the entrance of the house. At that moment my car which was parked outside seemed ok as I glanced outside and had a look around.

 

An hour or two later we had a delivery from Ikea for a mattress and the delivery guy told me to come and get it from outside which I did. He had parked on the street, I got out and got hold of the mattress, leaned it against the back of the car while I signed the delivery note and still didn't notice any damage on the car.

 

The guys working on the street were still there digging, which was right in front my car and had even blocked off the front of the car. A few hours later we were going to the airport and I happened to notice something of top of my bonnet... on arrival it was my side mirror completely ripped off. The workers said they don't know what happed and that they found it on the ground... They've been working right in front of the car and they've no idea what happened?!?!!?

 

I had no proof and so I took my broken side mirror and counted my loss. That was on a Saturday. Sunday evening one of my neighbours tells me as I parked that his daughter saw them damaging my side mirror with a little digger they were using to dig up the pavement. I wrote to the company concerned and said they would investigate... two weeks later they write and say their workers had said they didn't do it and I had no claim.

 

Got hold of my witness but for some reason they don't want to get involved and write a statement. Now I want to take them to the small claims court to get them to pay for the repairs but I've no idea whether my case will stand. Any help/advice will be much appreciated. Thanks

[Ganymede]

Without your witness I very much doubt you would win your claim as you have no proof. Try again to see if your witness will give a statement.

[rebel11]

Hi James

 

Welcome to CAG

 

Have you checked to see if any of the neighbours have CCTV?

 

Might any of the other neighbours seen it?

 

What's the cost to repair the damage?

 

Spaces added.

[JamesKay]

Thanks all for your prompt response. As far as I know there isn't a CCTV camera that I can see, I've been contemplating knocking on a few doors on my street to see if anyone saw it, maybe I'll have to result to that or really try and convince my witness to write the statement. The repair costs were £430 from BMW.

[rebel11]

Is the digger still about? would the digger be marked? if there are mark's take some pics.

 

Thanks all for your prompt response. As far as I know there isn't a CCTV camera that I can see, I've been contemplating knocking on a few doors on my street to see if anyone saw it, maybe I'll have to result to that or really try and convince my witness to write the statement. The repair costs were £430 from BMW.

[JamesKay]

Is the digger still about? would the digger be marked? if there are mark's take some pics.

 

The digger was there only on that day unfortunately.

[rebel11]

Track down the digger or get a statement, tell them they have nothing to fear whatsoever, explain that 'if it had happened to them you would be the first to come forward'.

 

The digger was there only on that day unfortunately.

[Conniff]

You are also required to mitigate your losses and should have got a used mirror from the local scrappy instead of a new one which can be classed as betterment.

[JamesKay]

You are also required to mitigate your losses and should have got a used mirror from the local scrappy instead of a new one which can be classed as betterment.

 

Hi Conniff and thanks for your reply. I understand your point and believe me I looked on eBay and called a few other places but being a 3 year old car I couldn't find anything second hand.

 

Also note that the whole thing broke off including the metal that screws on to the car, which can only break when extreme force is used.

[Conniff]

In that case send them a demand with a copy of the bill and tell them they have 14 days to reimburse you or further advice will be sought. See what they come back with.

 

 

PS Get a brown envelope from your paper shop and send it to them by recorded delivery.

[JamesKay]

In that case send them a demand with a copy of the bill and tell them they have 14 days to reimburse you or further advice will be sought. See what they come back with.

 

 

PS Get a brown envelope from your paper shop and send it to them by recorded delivery.

 

I emailed them last week and said I would seek legal advice and also asked them to provide proof that their men didn't do it as on their previous email they claim to have proof.

 

Haven't heard anything yet.

[Conniff]

Although emails are deemed to be a legal way of corresponding, they don't have the same weight as a recorded deliver letter in a brown envy.

[JamesKay]

I never thought it made any difference to be honest. Point well noted

[Ganymede]

I emailed them last week and said I would seek legal advice and also asked them to provide proof that their men didn't do it as on their previous email they claim to have proof.

 

Haven't heard anything yet.

 

They don't have to prove they didn't do it. The burden of proof is on your to prove that they did!