Hi all, I was pretty unfortunate this morning to have a tennis ball size rock flung at my car by a range rover in front of me, causing a crack. I'm pretty sure I'm gonna need a new windscreen :(

Now the way I see this; the council/highways agency have a duty to maintain the roads and damage caused to a vehicle by the road itself (excluding usual wear and tear) should be covered by them. Also the M5 really shouldn't have a rock of this size on the carriageway, so I'm entitled to at least try and claim a new windscreen through them instead of insurance.

Has anyone else had to go through this and does anyone have any advice? It would be much appreciated as MOT is coming up fast and it'll definitely fail on the crack

I doubt it, this wasn't caused by the road if I have read this correctly, it was caused by a rock on the road, now unless you can prove the rock came from a part of the road I would say it would just be classed as debris and they can easily say it came from another lorry/car. I am by no means an expert on this but just my thoughts

Try 'em and see I'd say.

Got to be at least worth a shout, but they'll no doubt have a 'wriggle out' clause somewhere in their t&c's of using a public highway.

Free Windscreen cover without affecting NCD on your Insurance, and the windscreen company paying your excess?

Most policies include it nowadays.

As others have said, it is more likely to have fallen off another vehicle than to have been part of the road. The top 500 mm of Motorway construction contain no material the size of a tennis ball

I've asked my passenger why colour the "rock" was and he said black, which suggests to me it was a piece of broken off asphalt. I didn't actually see it hit, but he did and he actually went to the extent of shielding himself from it. I'm just glad I was driving a car and not riding a motorbike!

From experience, council highways departments are notoriously pedantic, quoting precise 'intervention criteria' whilst neglecting appalling surfaces, potholes etc. I genuinely hate them!

Worth a punt but probably won't get you anywhere. Have tried this myself with a pothole just over the brow of a hill that destroyed one of my alloys - without dated pictures etc etc you won't get anywhere and somehow with a rock I doubt it.

 

As others have said, i'd just cough up the windscreen excess and be happy it was the windscreen it hit and didn't take a chunk out of your bumper/wing

How can a passenger determine the colour of a tennis ball sized rock hitting the screen, the closing speed would have been at least as fast as you were travelling if not more. Chances are it was just a quick glance, and then everything looks black against the background. A tennis ball sized rock was most likely something falling from a construction vehicle or skip lorry, for something that size the road damage would be obvious.

To be successful in any claim for the road, you must have proof. Eg. The rock itself, photographic evidence of the road damage foe example.

A few years ago my missus was thrown off her motorbike by a 3" crack between to adjoining pieces of tarmac, breaking a couple of fingers and writing the bike off due to it being uneconomic to repair.

We claimed of the highways dept of the council responsible and got the full value of the bike and damages.

We did have photographic evidence and info from a FOI request that showed the road hadn't been inspected for some time though, which you might be hard pressed to get.

I wouldn't fancy standing on the motorway trying to take pics.

Don't have dashcam do you?

If you don't ask you'll never know, so go for it. Good luck.

You'd have to somehow prove that the stone was part of the road say from a pothole. Before you could claim the relevant agency would need to be shown to have been negligent in terms of it's inspection or in the time taken to repair a reported/discovered fault.

 

A road like that will be inspected probably every day or so, faults are probably 'fixed' (cold tarry chips stamped in with a boot) within 24hr.

 

Not many people win their claims.

 

Even if you do win you can expect to wait a year or more on your money sometimes.

Try 'em and see I'd say.

Got to be at least worth a shout, but they'll no doubt have a 'wriggle out' clause somewhere in their t&c's of using a public highway.

 

What makes you thing that they *are* responsible?

You need pictures & witnesses (1 being independant) to stand any chance against your local council, I know this as I spent about 6 months battling my local council after a pothole cracked one of my alloys

As I understand it, something thrown up by another vehicle effectively goes straight up in the air then comes straight back back down again.  Therefore you hit the rock, it did not hit you.  How far back were you from the vehicle which launched the rock?

 

I suspect that the answer could be that you were driving too close to the vehicle ahead.  Now about the damage you caused to our piece of debris......

Well the range rover had overtaken me a few seconds before, I was in the left hand lane at a reasonable speed. The gap between u was definitely "safe". By the sounds of it I don't hav time to argue my case though, my MOT is due in less than a month and whilst I don't want to fork out £75, it's gotta be better than a few hundred that I might not get to claim back. I'll post a picture...

That's a Fail for the MOT.

I would check out how much it would cost to buy the glass from Skoda and get someone local to fit it for you.

I did this on my last Octavia and the screen was around £160 and then another £50 for fitting.

 

just remember that a lot of Insurance Company's now want to know about glass claims as well as any other.

And they will count it as a claim.

That's a Fail for the MOT.

I would check out how much it would cost to buy the glass from Skoda and get someone local to fit it for you.

I did this on my last Octavia and the screen was around £160 and then another £50 for fitting.

 

just remember that a lot of Insurance Company's now want to know about glass claims as well as any other.

And they will count it as a claim.

 

While you may have to declare a glass claim, I've never had any premium raised or other longer lasting consequences from doing so.

Ohh bloody hell :( get to a scrappy and get a local person to refit , simples

That's a Fail for the MOT.

 

Just hide it with a sat nav

They'll never notice.

While you may have to declare a glass claim, I've never had any premium raised or other longer lasting consequences from doing so.

 

Ditto. Might be an issue if you're going through a windscreen every year.

What makes you thing that they *are* responsible?

Probably the opposite reasons that you think they aren't? :think:

 

I don't know. It's all speculation, so let's keep an open mind, and good luck trying to squeeze some compo out of the council.

 

The roads in the UK are an absolute disgrace now anyway regardless.

Edited 25 February, 201412 yr by Mr Ree

FWIW, I'd say no chance.

 

Although those who doubt the state of the M4/M5, should note that there are huge craters in it at the moment, which have broken up under the rain/lorrys etc.

They are flinging huge chunks up too (Usually a/holes going at massive speed, to pull off at the last minute).

That's a Fail for the MOT.

I would check out how much it would cost to buy the glass from Skoda and get someone local to fit it for you.

I did this on my last Octavia and the screen was around £160 and then another £50 for fitting.

 

just remember that a lot of Insurance Company's now want to know about glass claims as well as any other.

And they will count it as a claim.

 

Not true. Windscreen claims are not counted, unless you're having 10 a year or something. And £50 to fit the new windscreen? Bet that's a good job 

I'm with admiral, apparently it's £75 excess for new screen, and a guy at work who is with elephant (same company believe it or not) said he claime a windscreen once and didn't affect his no claims so I'm just gonna check my insurance documents and then give them a call. I've had a couple or 3 chips before but never a crack, at least it doesn't appear to be propagating