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Discussion Starter · #1 ·
i was driving home last night down the motorway when i noticed the dual lanes had been cordoned off to a single lane due to motorway repairs.after driving for a mile and just about coming to the end of the single lane restriction when bang two motorway cones hit my car.they were right in the middle of the single lane!even though i braked i couldnt avoid them.
i then pulled over to hard shoulder and after checking damage i angrily went to see the motorway engineers who working there at the time.after a brief exchange of expletives they gave me phone numbers to call.
their claim was a lorry had gone past and blown them into the road and unless i got the registration of the lorry there was nothing they could do.
i then enquired why the cones werent secure and they claimed they were.
i then asked if they knew the lorry had blown them into the road then why did they not move them and they replied they were too busy!
the cones were upright in the road with no reflective tape on them when i hit them.
after the brief conversation with the "engineers" i then phoned the police to inform them i could still see cones in the road from the hard shoulder and thought they were dangerous especially on a motorway.
i feel like im not going to be able to claim and i will become liable.
has this happened to anyone else before and where do i stand legally?
im totally ****ed off as my once mint evo III is now not mint.
new parts required are:
new bumper
new front spoiler
new intercooler tube
new wheelarch liner
new brake duct.
any advice would be great.
if your reading this nick,thanks for all your help,including toll bridge fiasco.
 

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What did the police say?

The main people you will need to contact is the company carrying out the repairs, the traffic management company (possibly the same as the contractor) and the local authority reponsible for maintaining the stretch of road.

If you have contacted the police, they theoretically should have a record of you calling. Did you get the names of the "engineers" you spoke to?

You shouldn't be at fault here, there is an issue with the traffic management not being maintained and it's worse if insufficient bollards were used (ie non-reflective on a motorway). If the police attended the incident they may also have a note that the bollards were non-reflective.

It could be a long drawn out battle, but definately worth a try! Let me know how you get on! :(
 

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Neil used to work with traffic management. If the cones/ signs etc are not placed in the correct manner according to the traffic management rules & regs the person who put the cones out is personaly liable.

I will check with him when he gets home. To make sure that I have remembered it correctly.

Trina
 

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Discussion Starter · #4 ·
the police gave me an incident number and told me not to stay at the scene of the accident.i recorded the name of the supervisor in charge and the company they were working for.
i have since spoken to insurance company who seem to be optimistic but you can never tell.
i also contacted company regarding accident and they were backing the supervisor with his version of events stating unless i got registration of lorry which "blew" cones into road there was nothing they could do.!???
when i enquired: if they knew lorry had blown cones into road why werent they moved he then became irate stating he was unaware lorry had blown cones into road then proceeded to hang up.contradiction or what,i thought i was talking to george w bush!he then became unavailable when i called back.
i just dont want to have to pay out because somebody working night shift on the motorway couldnt be arsed to move cones.
i drove past same place today and there are still damaged cones on hard shoulder with no reflective material on them.
 

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I would not hold your breath for any money....A few years back my sisters car was hit by a Police slow sign,the lorry in front passed it and it ended up smacking the windscreen and roof of her car....The sign was to close to the road but despite that and getting the lorry drivers reg along with other witnesses the police did not want to know and she had to claim on her own insurance...
 

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The whole thing about a lorry blowing the cones is just them clutching at straws really. The cones and their safe use is their responsibility. If the cones go into a position that makes them a danger to traffic they have to be moved. I'd be highly surprised if the company's guidelines are;

"Make sure all cones are safe when you put them out. After that we don't care what happens to them cos they were safe when we laid them. If one is knocked onto the carriage way it is the responsibility of any traffic that may have been passing at the time, so just leave it there."

If you know what company was doing the work then leave it with your insurance company and see what they come back with.
 

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Aidy is right. I ended up down a hole dug by the waterboard when i was younger and used to ride a motorbike. Basically some kids had been along and kicked all the lights and signs into the hole and as Weebl comes sailing serenely over the brow of the hill his bike suddenly dissapears from underneath him. Sounds funny now but was most definately not at the time :D

The waterboard tried the defence that they put lights and signs up but they were held fully accountable as it was their responsibility. These cones are the responsibility of the company carrying out the carriageway repairs

I got a new bike :D
 

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basically m8 if there was no reflective sleeve on the cones they should NOT have been in use it is against the road traffic act .take pics as soon as to back up your claim and then go see a solicitor.who did the traffic management?
 

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Discussion Starter · #10 ·
the traffic management company was carillion working from aston motorway compound,aston,sheffield.
i have since been past yet again where they are still working and have noticed cones are now tied together via rope.
thanks for all your help everybody i will let you know as soon as i have more information.
MLR is amazing everyone is so helpful.not only with this but saving me a fortune in modifying my car.
once again thank you. :)
 
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