Can a local council avoid liability for damage by claiming it is an Act of God?
On 24 December my 77 year old mother parked her car (57 reg Mercedes CLK) in an open air car park owned by Runnymede Council. During the time it was parked, a recycling lorry opened the height restriction barrier to gain access to recycling bins. A gust of wind lifted the barrier into the air and it landed on the roof of her car and slid down the windscreen and bonnet.
The car has 2 dents on the roof and the bonnet has scratches and damage to the paintwork. Two independent people witnessed the incident. My mother's insurers submitted a claim to the council and their response was that having consulted with the Met Office there were winds gusting at over 50mph on that day and so they are deeming it to be an Act of God and they have no liability.
The barrier was apparently checked in November and found to be in satisfactory condition. Does my mother simply have to accept the council's response? Is there anything she could do?
Her insurance company is suggesting she have the repairs done under her own insurance but she feels the Council were negligent in allowing the barrier to be opened in such bad weather.
The car has 2 dents on the roof and the bonnet has scratches and damage to the paintwork. Two independent people witnessed the incident. My mother's insurers submitted a claim to the council and their response was that having consulted with the Met Office there were winds gusting at over 50mph on that day and so they are deeming it to be an Act of God and they have no liability.
The barrier was apparently checked in November and found to be in satisfactory condition. Does my mother simply have to accept the council's response? Is there anything she could do?
Her insurance company is suggesting she have the repairs done under her own insurance but she feels the Council were negligent in allowing the barrier to be opened in such bad weather.
Asked on 6 February 2014 by Mrs V Bygrave
Answered by
Honest John
They may deem it an Act of God. But a judge will probably deem it an Act of Negligence for lifting the barrier in a high wind. If your insurer won't take the council to the small claims track of the county court then you should. The Act of God defence only applies where there is no contributory negligence.
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