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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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During some recent stormy weather an Estate Agents Sold sign,

Resolved Question:

During some recent stormy weather an Estate Agents 'Sold' sign, which was attached to a street sign, was blown down and damaged my car. The car was parked on private property adjacent to the street sign. I beleive that the sign should not have been attached to a 'Highways' street sign and am asking if I can claim against the insurers of the company that errected the sign?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

You may claim against the company which installed the sign and say that they were negligent in doing so and their negligence caused the sign to blow away and damage your car.

However, the company may turn around and say that the sign blew away due to strong winds which were an Act of God and therefore beyond their control. Insurers normally do not cover events caused by force majeure or Acts of God, so it would be up to you to show that they were negligent.

It is then up to the company to decide whether or not to involve its insurers. You cannot claim directly agsinst the insurers of the company.

Hope this helps
Customer: replied 3 years ago.


Can I claim that they were negligent because they should not have secured their sign to a street sign and that they would have been aware of this restriction? The local Highways Authority have now removed all signs attached to this street sign.

Customer: replied 3 years ago.

Can the fact the sign was attached to a street sign be used to demonstrate negligence? The Highways Authority has since removed the signs that were attached to this street sign. The company who errected this sign would have been well aware that there is restriction with regard to using street furniture in this way.

Expert:  UKSolicitorJA replied 3 years ago.
Yes, you may claim this. The fact that the Highways Authority has removed all signs attached to this street sign helps your case, but the final decision will lie with the court.

Hope this helps
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