any - Owner refuses to move damaged car - Falkirk Bairn

4th December a stone wall collapsed into a narrow street crushing or damaging 3 cars and blocking the residential street.

Daily Record from December

tinyurl.com/p4db94jk

Read in the local rag last week, that one of the car owners is refusing to move his damaged car until the council agree to the repair it in via their insurance. He is refusing to move his car or let his insurance company to take it away and have it repaired/written. He thinks he will lose his NCB.

3 months on the wall cannot be fixed as his car is blocking access to the contractor.

There are other photos of the damage to cars & the extensive wall collapse but they are behind pay walls

IMHO the man is digging him a deeper hole and I would imagine his neighbours are not best pleased.

any - Owner refuses to move damaged car - Terry W

Equally I can understand his frustration.

It should be straightforward to establish who owns the wall. The cause of collapse may impact liability - severe weather, poor maintenance, poor construction?

In law I assume financial responsibility for the collapse is clear - if the council why should it take them so long to respond.

His insurance company may well sort out any claim he may have, but not bother to recover the cost from the council, leaving his no claims bonus at risk.

any - Owner refuses to move damaged car - bathtub tom

Council grass cutter demolished my garden wall, it was a nightmare dealing with them. I was trying to sell the house at the time. In the end, sorted it myself and was still dealing with the repercussions a couple of years later.

any - Owner refuses to move damaged car - Chris M

At some point the RFL and MoT will run out and, assuming it's not private land, the owner will be stuffed.

any - Owner refuses to move damaged car - corax

In law I assume financial responsibility for the collapse is clear - if the council why should it take them so long to respond.

If the council I used to work for is anything to go by, they hate dealing with the public, are extremely inefficient, and are only interested in hanging on to their position long enough to collect their gold plated pensions at the end of their miserable working lives. Liability will be a huge concern and they will be trying to wriggle out of it.

any - Owner refuses to move damaged car - Andrew-T

<< Liability will be a huge concern and they will be trying to wriggle out of it. >>

As Terry-W says, it depends on the ownership of the wall, and it may not be (quite likely isn't) the council's. Why should the council (= taxpayers) cough up if they aren't responsible ? The delay is probably checking for certainty ?

any - Owner refuses to move damaged car - corax

<< Liability will be a huge concern and they will be trying to wriggle out of it. >>

As Terry-W says, it depends on the ownership of the wall, and it may not be (quite likely isn't) the council's. Why should the council (= taxpayers) cough up if they aren't responsible ? The delay is probably checking for certainty ?

Judging by the newspaper report, it's their wall, and they are/have done a structural assessment. The delay is in dealing with the car, and who is paying for the damage?

any - Owner refuses to move damaged car - Lee Power

Having seen a picture of the damaged vehicle ( MSN is free to view ) I can't tell if the vehicle has been lowered or its just the weight of the debris making it look low, it also has wind deflectors fitted.

Wonder what the reluctance by the owner claiming on there insurance is? If the vehicle was legally parked then the insurance company should try & recover costs from the council if it was there wall

Looking at the damage to the vehicle it looks an expensive repair / more likely a write off.

any - Owner refuses to move damaged car - Falkirk Bairn

Not sure of which of the 3 cars is not being moved - it may be a grey Golf seen in another article..

The wall belongs to the Council - stubborn car owner has been without his car for 3 months. Surely getting it fixed/written off is a priority for most people. The car insurer would pay for repairs/write-off and claim it back from the Council Insurer - should not affect the NCB

Takes a stubborn car owner to stick it out for 3 months without a car.

any - Owner refuses to move damaged car - Andrew-T

Can the police not have it removed for causing obstruction ?

any - Owner refuses to move damaged car - John F

If it's the blue car with a ton of rubble on its roof I can't see how the owner can possibly move it by himself. Seems to me it's the owner of the rubble who is preventing removal of the vehicle by not removing the rubble, not the vehicle owner. Clearly the rubble needs to be removed before the car can be moved. Should this be in the legal section? There must surely be precedents for this sort of thing.

any - Owner refuses to move damaged car - Lee Power

Not sure of which of the 3 cars is not being moved - it may be a grey Golf seen in another article..

That's the one in question in the article I found alone.

any - Owner refuses to move damaged car - S40 Man

What if they only have 3rd party insurance?

any - Owner refuses to move damaged car - Warning

He should claim on his insurance and get them to re-claim on who ever is liable.

any - Owner refuses to move damaged car - Falkirk Bairn

You know that.

We know that

BUT

The Stirling resident is consumed with losing his NCB he has lost the plot!

Carless for 3 months & counting!!