How can I prove that the damage to my car was done by a council lawnmower?
City Council Lawnmower Shot a Rock Which Damaged My Car
Ashy Larry on 03/01/2018 - 11:21
Last edited 03/01/2018 - 11:33 by 2 other users
Last edited 03/01/2018 - 11:33 by 2 other users
Comments
Statutory Declaration. GPS location Time if possible.
I always dread driving past those council tractor/lawnmowers, did you talk to the driver that would be my first port of call
we always change lanes coming up to landscapers with mowers, blowers or whipper snippers and we never park next to tall grass for any length of time.
i always wonder what happens if the rock hits a pedestrian,
pretty deadly i'd say.
i always wonder what happens if the rock hits a pedestrian,
not really an issue. a properly run council will have public liability insurance.
not really an issue.
Still a bit of an issue for old mate who has a rock slam through their eye socket.
It's unfortunate that happened.
This is why we try and avoid roads where there are road plant signs as much as possible.
A friend of mine copped a council mower rock.. like the size of a melon to the head. it killed him on the way to hospital but they brought him back and he died a couple more times but after all the surgery, therapy etc etc.. he got a 1.6mil$ cheque and some dodgy short term memory to which he has adjusted his life around it to allow him to live a normal life.
He's a Major now in the Air force I believe.a council mower rock.. like the size of a melon to the head.
Melon sized rocks are called boulders. It's doubtful that a commercial grade lawnmower can project a boulder.
This is a another good reason why no one should mow the nature strip. It is the council's issue, and will reduce your liability in case something like this happens. It is quite common despite what others would tell you. Happens at least a few times a year, more than what I would regard as acceptable.
There is a lot of legal mumbo jumbo, but usually if it was an accident, then usually there is nothing you can do about it. If the council mower has done everything possible and it was just an accident; if I recall, there is little recourse. If however, the mower was modified and there was no guard on it, then you have recourse.
Pretty shit if you ask me.
Returning to the OP's issue; I don't think you'll be in much luck. You'll either have to fix it yourself. It is very hard to prove anything without any evidence.
Photo of the car parked where the incident occurred, the damage to the car, photo of the rock, preferably a photo of the lawn mower / tractor that struck the rock, time of incident, etc. Best to write them a written complaint with all the information.
I had this issue, several years ago in Adelaide.
I acted promptly and called my local Council to find out whom to address my complaint to, then wrote to them, describing the incident, exactly where it happened, what I saw (how many workers, what they were doing), the time of day/date etc. (I probably emailed them, I don't recall). I offered to make a statutory declaration.
They responded promptly (called me), got a car window fixer to contact me . I asked if they could come to me instead of me going to them. They did. The tint in the window was slightly different, bit I didn't care. It was a back quarter window.
Good luck OP. I hope you have the same positive experience that I did
did you personally witness the stone damage the car?
if no - not very likely to get anything from anyone
if yes - write to council with a quote to repair damage. in the letter, say what you saw, when/where etc… The more detail you give about the incident the better. I'm assuming you got the rego of the mower?
Your location shows as Brisbane in your profile, so I'm guessing BCC mowers? If so, then contact them ASAP, they're "self insured" and AFAIK are pretty good at sorting out these claims
This is perfect for A Current Affair:
Cue Brady Halls on a ride-on mower outside the council grounds and chasing the mayor, who quickly runs while covering his face and drives off.
Brady being Brady doesn't relent and gives chase on the mower, overtakes the mayor in his car and does a PIT maneuver to make him stop.
The mayor then exits the vehicle and opens the boot; Ben McCormack is seen jumping out and running off with the mayor, both never to be seen again.
Ring your council, ask them what they need.
use your dashcam vid as evidence.