Bumper over a pile of gravel

[lcarron]

My wife drove over a pile of gravel in front of a neighbor’s house. It was at sunset while she had the sun in the eye and the pile of gravel was not marked by any cones or anything.

I have the video from my dashcam when she drove over. As result the PPF is damaged as well as the right bumper lip and fender flare on the right side. It is about 1,5000 to 2,000 worth of damage. It seems that the paint is safe but I did not peel off the PPF yet.

Is the neighbor responsible for the pile of gravel on the street? Can I ask his insurance to cover the damage cost? What do you think?

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[lcarron]

 

[SergeyIndy]

My immediate concern would be any damage to the underbody protective plate. Any dent of 3mm or more will compromise the HV battery.

I think the neighbors insurance should cover any of your damages. My home insurance has some clause to this effect, so I would consult with your home insurer to learn how you can make a claim against your neighbors property, since it caused damage to your property.

 

[lcarron]

Thank for the answer. The bottom plate is fine, no need to worry about it.

 

[Jasper4S]

I’m not sure if it is your neighbors fault. If it was a traffic cone and you ran over it, you wouldn’t argue with road workers. What does the same situation with gravel change? As you said the vision was not great due to the sun. So here in the Netherlands my insurance company would say I needed to drive more defensive because of the bad vision. Could be a difference in law, but here you wouldn’t make a chance.

 

[whitex]

You can file with your own insurance and if they feel it's your neighbor's fault, they will to extract the claim from them or their insurance. However, as @Jasper4S mentions, I don't think it's a slam dunk case that it's your neighbor's fault. What if this was a person who tripped and was laying down on that spot, or a child playing near a driveway (this looks like a residential neighborhood road), and your wife ran them over, would you sue whoever you hit for car damage? As a driver, you are always responsible for watching where you're going. It will come down to whether the gravel was hidden (doesn't look like it from your picture), or perhaps if there is some ordinance or law requiring a pile of gravel on top of the pavement in an area where cars could be parking, to be clearly marked. Even if there is, the ruling might come down something like your wife's fault 80%, neighbor failing to mark the pile 20%, which means it will still be an at fault claim on your policy, which will be a factor at renewal time. It is also quite possible it will not be the neighbor's fault at all. Again, as @Jasper4S said, "sun in your eyes" just means you need to drive more carefully. Running a red light due to sun in your eyes does not absolve you of fault for example.

PS> IANAL.

 

[lemans]

Not the neighbors fault IMO, but your wife's. If it were a person sitting there that got hit, would the person be responsible for damages to the car?

Sun in eyes is also a bit of a BS excuse. Slow down or stop driving all together if you can't see. I would have the same words for my wife. The driver made a mistake plain & simple - we are all human and its bound to happen once in awhile.

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