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Stone damage from someones lawn mower. [qld]

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Rockdog32, Apr 13, 2009.

  1. Hi everyone,
    Yesterday I was riding down a road with a pillion on and a guy was mowing the nature strip outside his house. I had a bad feeling about it, slowed down and moved right over but still got showered in rocks. Now theres a dent the size of a thumbnail in my tank and paint chipped off to bare metal. I went back and he apologised and gave me his address, drivers licence and said he was with RACQ insurance. I'm with Swann and I'm wondering if I can make him pay for the damage? My PDS says if no fault of mine in accidental damage I dont need to pay an excess... Can I make a claim. I've never had to make any claims before?



    Thanks In advance for your help.
     
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  2. if that's what they say...

    ring and ask them anyway, I bet this is a question that has been asked many times before....
     
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  3. I always stop pushing the mower whenever a vehicle goes past. to me that is common sense.


    go ahead and claim, or at least get a price for repair and send it to him.
     
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  4. his household insurance might cover it.. his vehicle insurance won;t .. less his lawnmower is registered. But of course your insurance can sue him.
     
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  5. Not sure as to which insurance but you are covered, let your insurance Company case it for you.

    I have had a windscreen replaced after a rock was thrown up and through it via a council operated mower. In my case the council just payed for the new window, and I can relate to that.
    The 1st thing there insurance would have asked for is to see photo's of the guards in place. Since most operators remove the chains/rubber flap from the discharge chute to get a better finish, they risked a much bigger bill than the price of 1 screen.
    :)
     
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  6. and im 1 of those people, ive smashed 5 windscreens so far, shit happens
     
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  7. I've often wondered about this...

    The nature strip is OWNED by council - its their land...
    They wont let me cut down THEIR tree....

    THEIR tree (leopard tree) sheds big-ass HARD nuts..
    THEY dont mow THEIR grass.

    I am obliged to maintain THEIR lawn... (If it were mine there'd be no tree, no grass, no maintenance, no legal risks!)

    If one of THEIR nuts is flung off THEIR grass at a passing motorist by MY lawnmower - who is responsible?
     
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  8. Proof is the issue.

    A gardener smashed the rear windows on my parked car (in my driveway). He denied it was him and said it was broken before he started work. I couldn't find the smoking rock that would prove it was him, so, short of causing a shit fight and lots of delays, got it replaced under my own insurance.
     
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  9. think about how much your rates would cost if we had to cut everyones front lawn, they would have to 10x the amount of workers just to get it done, parks are big enough without worrying about front lawns

    if your that lazy to cut your front lawn then poison it
     
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  10. These are some of the questions that I was thinking about as well.
    Its the council's land, not his, so would his house and contents or public liability cover it? Is it the council's fault as they owned the rocks that hit me? I was lucky enuff to have a pillion at the time as a witness, and that she saw and heard him say sorry, although the fine print of his house and contents say not covered if you accept liabilty, which a sorry is, although it admits fault.

    I called Swann Insurance today and they say no excess if they can get him to pay, and just waiting on the full quote from the spray painter. Ends up that being candy red (CB900), it means the whole tank needs to be done, plus decals, OEM Honda tank pad... I reckon it will be heaps!
     
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  11. Yeah - I dont expect council to cut it. But it still strikes me as a very odd legal grey area. Why dont land subdivisions include nature strip so council isnt stuck with this liability? Why are us 'maintainers' of council property NOT allowed to install appropriate 'zero maintenance' landscaping?

    If I *did* poison all the grass on the nature strip (incidently not my front lawn, but the other side of the concrete footpath, the far side of my houses side fence) - I'd be no doubt guilty of willful damage and could be taken to court for damages by council.

    As far as I can see it property ownership comes with a burden to maintain council land in the manner THEY deem fit. Doesnt seem right to me!

    Of course, I'll do nothing malicious and carry on mowing it resentfully every couple of weeks, wearing shinpads to and hope that the councils tree nuts dont kill or maim me in the process. :twisted:
     
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  12. if u believe that your council strip lawn is a hazard, ring them and tell them to come and fix it, ie.. lay down some new turf, tell them u will refuse to cut it as its a hazard to passing traffic..

    but i reckon council should of used concrete to the whole strip at every house since day 1 so there is no maintenance
     
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  13. They'd have no way of proving it was you so there's nothing to worry about there. If you are worried though, just poison your neighbour's nature strip as well. With two homeowners both denying having done it, they'll have to give up or blame it on bored kids. :)
     
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