Road debris has damaged my van - who is liable?

Road debris has caused over £900 worth of damage to my Renault Trafic. It happened on the A48, close to junction 49 on the M4 motorway in Wales. A tree and its branches were on the road and I could not avoid the debris (driving over it).

Later that day I decided to go to my local mechanic for him to have a look for any damage, just in case. On the way there the alarm for low fuel came on, where there should have been over 3/4 of a tank of fuel there after filling up the evening before. The mechanic on looking had found that the fuel tank bolt holders had been ripped off.

I have dash cam footage of the incident. Do you think I could claim against the agency that's responsible for the

Asked on 18 January 2023 by Richard

Answered by Dan Powell
For the claim to be successful you'll need to show that the damage was caused by the negligence of the agency that is responsible for the upkeep of the motorway.

South Wales Trunk Road Agent (SWTRA) is probably responsible for managing this section of road but they can't be held automatically liable for every problem that occurs. That said, the agency is legally required to have a system in place to ensure the road is inspected on a regular basis and that all practical steps are taken to maintain the safety of the road.

Given the level of damage to your van, I think it would be worth contacting the agency and demanding an explanation.
Similar questions
With the weather as it is, where do people stand with insurance if their car is damaged by falling trees or branches, flash flooding or things flying around roads.
I'm thinking of swapping my car for a small van soon, probably a nearly new Citroen Berlingo. It would not be for commercial use, just personal. A friend says that any no claims I have would not count...
I was recently hit from the rear in my van and the engineer deemed it a Cat S write off. I have since bought the van back as all it needs is some minor metal work, a rear bumper and back doors. It says...
Related models
Refined and comfortable, L1 capable of carrying three Euro pallets, new 2.0 dCi from 2019 is quiet and punchy, 2022 update improves safety.

Value my van

Save £75 on Warranty using code HJ75

with MotorEasy

Get a warranty quote

Save 12% on GAP Insurance

Use HJ21 to save on an ALA policy

See offer