Storm Water Almost Caused Wheelie Bins to Hit Parked BMW. Who Would Have Been at Fault?

The thunderstorms in Sydney yesterday caused an interesting situation near my house.

Storm water flowing down the road to a storm water drain pushed the wheelie bins of a house down the street by about 5 metres, which would have hit a BMW that has been parking on the drain over the last few days. If the car was damaged, would the owners of the bin be liable for the damages? If they had insurance, would it be covered by the public liability cover of the buildings insurance?

To make it more a bit more challenging: What if the bin owner's neighbour had thought that they had forgotten to pull out their bins and pulled it out for them (and they have done this for each other numerous times previously)?

Comments

  • +4 votes

    would the owners of the bin be liable for the damages

    Do you mean the council?

    Or if it had of been a shopping trolley, the supermarket?

    • +1 vote

      Do you mean the council?

      Caretakers of the bin - house owner.

      The shopping trolley is an interesting scenario.

      •  

        What happens if they rent?

        If the BMW was parked on the drain, it may have stopped the water to drain away?

        •  

          More likely the tenants liable than the landlord? But the landlord should have buildings insurance in any case.

          If the BMW was parked on the drain, it may have stopped the water to drain away?

          The water was draining away alright, and taking the bins with it.

          •  

            @ihbh:

            The water was draining away alright, and taking the bins with it.

            Sydney Water would be responsible then.

            • +13 votes

              @Baysew: The BMW owner is responsible. They are always the one at fault ;-)

            •  

              @Baysew: The 'owner' of the road (ie either council or road authority) have responsibility for stormwater. Water authorities are responsible for water and sewer.

              Edit: My apologies, apparently this is not so in NSW and seems to vary state by state. In Victoria VicRoads own stormwater assets on VicRoads roads, and council own stormwater assets on council roads.

          • +10 votes

            @ihbh: Act of god. If a tornado throws wood through your house the owner of the lumber isnt at fault.

      •  

        Bins remain the property of the council at all times

  • +3 votes

    What if it was a Holden?

  • +3 votes

    Surely the design team is to blame.

  • +2 votes

    What if their street number wasn't on the bin?

  • +3 votes

    A regular problem is people who don't secure their trampolines during storms. I think at the end the householder is responsible, but recovering it can be messy.

    • +4 votes

      An acquaintance found a shed in one of their paddocks. We live in a cyclonic area. Small hay barn (still a very big shed in suburbia) had its bolts (wasn't galvanised. Derp) corrode and snap when we had 140kmph sustained.

      The barn was from 2km away. 😂

      I have a view and I get to watch beach parasols take off when the wind suddenly picks up. We're talking some serious vertical here.

  • +7 votes

    The crucial question to this case is what colour is the BMW?

  • +14 votes

    it's a 'no fault' accident so the BMW owner would be fitting the bill. Strange question really.

  • +18 votes

    The key to "fault" is whether the incidents are reasonably foreseeable and/or whether there was any negligence.

    In this case, I don't think a reasonable person would put out their bin expecting it to float down the road and hit a car.

  • +12 votes

    Take the wheelie bin to court

  • +7 votes

    Moving hitting a stationary? Easy. The wheelie. It failed to steer to avoid an accident. Thw wheelie should have its license revoked.

    • -1 vote

      Sue the b*astard

      • +3 votes

        I watched a documentary where a Man Sued God.
        Ofcourse, the defendant God fought the law, and the law won. And that's when Global Warming was invented.

  • +8 votes

    At least the wheelie bin would have been using its indicator

  • +5 votes

    It's an act of god - storm damage, pay your excess and move on

  •  

    ehhh its god! and his sneaky sneaky side kick jesus terrorising the neigbour hood again. and they wont even a slap on the wrist, court system is broken

  •  

    Pretty sure no one is liable.

  •  

    How about if your water tank gets blown down the road
    https://www.youtube.com/watch?v=75YA1bM6xvc

  •  

    it's not really a reasonably foreseeable event, so I don't see how the household of the wheelie could really be at fault.

    It doesn't really matter the insurance on the car would have covered it anyway.

    •  

      It doesn't really matter the insurance on the car would have covered it anyway.

      But then they are up for the excess.

      However, there are similarities to the situation where the BMW is hit by hailstones.

      • +3 votes

        But then they are up for the excess.

        That's life. Perhaps the BMW owner should have taken more care and not parked their car on the street.

        • -5 votes

          Or, the house's owner's car insurance covers it. It's insurance designed to pay for damages to other cars (then their own if its comprehensive) so why not use what you pay for when it's your fault for putting the bin there?

          It all depends if the BMW parked in a normal spot, not like, immediately on the edge of a driveway or something stupid, and if the bin was placed in a normal logical spot as well.

          • +2 votes

            @conza: No the houseowners car insurance will not cover it.

            Sometimes accidents happen and no ones fault and you have to pay some money

            • -2 votes

              @seano2101: What is your basis for that assessment? Are you in insurance?

              • +1 vote

                @conza: No I am not in insurance but car insurance does not cover this sort of thing it's basic common sense. If the homeowners car got moved by the floods and hit the BMW then the car insurance might cover it.

  • +2 votes

    What harm can a plastic rubbish bin do to a metal car?

  •  

    Did you park there after the bin was put out?

  •  

    Who Would Have Been at Fault?

    The WIND! the wind was the driver. I guess it is one of those hit and run driver scenario we often see in thread.

    Cops would be too busy hiding behind the bush to catch the speeding drivers, so they won't bother to find the run away drivers. I guess BMW owner have to suck it up.

  •  

    Go ahead and take the bin owner to court make sure you tell us the outcome

  •  

    Did they put the bin on the road? We always put ours on the front lawn, but at my sister's place they put them on the road. Had the bin been emptied, or was it a reasonable time for the bin to be out before being emptied? Did they collect the garbage that day? Have any other neighbours had any issues with the alleged bin caretakers or the alleged BMW owners before? Has there been similar high flowing water incidents in the past? What were they each doing at the time of the near alleged incident? Why are you withholding important information? What do you have to hide?

  • +1 vote

    As a qualified lawyer I am going to state with absolute certainty that it was…. Um.

  • +5 votes

    Surely this is the right time to open MS PAINT

  •  

    To make it more a bit more challenging: What if the bin owner's neighbour had thought that they had forgotten to pull out their bins and pulled it out for them

    Then to make it more challenging…this is where it gets wheelie interesting;
    The bin owners neighbor was the owner of the BMW, and … also partial contents of said bin belonged to the bin owners neighbor (when he was over for afternoon tea, and bought some packaged treats).

    We shall have to get the ozbargain experts onto this post haste!

  • +1 vote

    Cheep Charlie freebie parker BMW owner might need to scrap more coins to get a proper parking lot instead on the street. That's why it's a question on Comprehensive insurance, claim from that.

  •  

    Hahaha… oh dear. Is this what this forum is getting down to? Thanks for the laughs. Some of the comments are absolute gold. :D

  • +2 votes

    I'd sue bmw. If a bmw bumper can't take light impact as described then what kinda junk is bmw?

  •  

    The BMW owner signed up for it
    Bring More Worries

  •  

    Act of God, no one is liable except the church.

  •  

    Are you talking about hitting bmw at 30km/h?

  • +1 vote

    BMW driver would've have been at fault but would've had to deal with the fallout of any damage to his vehicle. He's the one who parked on the street when he could've put his car in his own garage. Bins obviously belong on the street one night per week to get emptied, not the bin owners fault it got washed down the street.

  •  

    After digesting the above discussion and debilitating deliberation, I have come to the determination from demonstration of deluge diversion not draining away from the driver's direction was the cause of the degradation.

  •  

    So something similar almost just now happened to me. It's garbage night. I parked on the street
    in front of the next door unit block as there is no off street parking in my unit block.

    Someone in the neighbouring unit block moved in ovef the weekend and bought a bed frame. They leant the empty 2m tall cardboard box it came in, vertically up against their front fence besides their recycling bins (technically you're meant to cut it up into smaller pieces and place into the recycling bins). As I was taking stuff out of my passenger seat, a gust of wind blew the cardboard over and if I didn't happen to be there at that exact moment, it would have hit my car. I doubt it would have caused any damage…at most perhaps paint scratching if a corner scraped at the most unluckiest angle…but still…

    •  

      Imagine if the original neighbour had laid the cardboard flat but another neighbour moved it upright to make more space, and then the chain of events occurred.

  • Top