How to claim off the council for damage done due to half the road missing...
24 February 2007, 01:28 PM
#1
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How to claim off the council for damage done due to half the road missing...
Has anybody successfully claimed off the council for damage done to their car caused by holes in the road, or in my case half the actual road missing?!
Was driving down a b road last night in the dark and approached some road works that were on my side of the road. The lights were green so pulled across to the other side of the road to pass the road works only for the car to literally drop on the drivers side and ground out while doing about 30mph. There was an almighty bang and thought the car was shagged. Turned the car round to go back and have a look and the carriageway adjacent to the roadworks was only about half a car width with the the other half just being rock and mud and being lower by several inches leaving a ridge where the carriageway fell away to the rubble.
Have had the car up on a ramp to check it today and while there is no serious damage the lip that runs down the length of the car on the drivers side on the underneath of the car is slightly bent pretty much right under the drivers door. Also a rubber seal that protects some pipes is torn and a flimsy undertray protector is ripped from its nut on the drivers side of the undertray.
I am off to take photos of the road this afternoon and then complain the road shouldn't even have been open in that state. How do I actually get a successful claim for the damage done to my car because I sure as hell am not paying for it to be repaired?
I wouldn't be surprised if lots of other people damaged their cars and will be putting in claims too.
Was driving down a b road last night in the dark and approached some road works that were on my side of the road. The lights were green so pulled across to the other side of the road to pass the road works only for the car to literally drop on the drivers side and ground out while doing about 30mph. There was an almighty bang and thought the car was shagged. Turned the car round to go back and have a look and the carriageway adjacent to the roadworks was only about half a car width with the the other half just being rock and mud and being lower by several inches leaving a ridge where the carriageway fell away to the rubble.
Have had the car up on a ramp to check it today and while there is no serious damage the lip that runs down the length of the car on the drivers side on the underneath of the car is slightly bent pretty much right under the drivers door. Also a rubber seal that protects some pipes is torn and a flimsy undertray protector is ripped from its nut on the drivers side of the undertray.
I am off to take photos of the road this afternoon and then complain the road shouldn't even have been open in that state. How do I actually get a successful claim for the damage done to my car because I sure as hell am not paying for it to be repaired?
I wouldn't be surprised if lots of other people damaged their cars and will be putting in claims too.
24 February 2007, 01:53 PM
#2
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A mate from work managed to get the local council to cough up for a new wheel.
Make sure you take photos and when you do take photos use a tape measure so you can see how much of a drop it is when taking a picture.
May take a couple of attempts but i`d say they should be a good chance of them paying up.
Make sure you take photos and when you do take photos use a tape measure so you can see how much of a drop it is when taking a picture.
May take a couple of attempts but i`d say they should be a good chance of them paying up.
25 February 2007, 12:32 PM
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I think you have got a good case and that they should certainly pay for your damage.
As said, get a good stack of photo's and if necessary a certificate of damage from an expert of some kind.
I believe that digital phots are not acceptible in Law because of "photoshop" etc. so better use an ordinary camera. Don't say anything to the council or the repairers until you have got the evidence of course or the road will be miraculously put right.
Les
As said, get a good stack of photo's and if necessary a certificate of damage from an expert of some kind.
I believe that digital phots are not acceptible in Law because of "photoshop" etc. so better use an ordinary camera. Don't say anything to the council or the repairers until you have got the evidence of course or the road will be miraculously put right.
Les
25 February 2007, 12:48 PM
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i think the knackered road has to be reported by someone for you to get a claim! so if someone has reported it but they ignored ot you will then be able to claim! for pot holes anyway!
25 February 2007, 01:21 PM
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Over the years I have made four claims for similar damage.
I think in this case you will probably end up claiming from the Highways Agency as it is they that are responsible for road repairs.
All I can say is STICK TO YOUR GUNS if the claim does end up against the HA as they will try every way possible to wriggle out of paying up, I speak with previous experience of this. Councils on the other hand normally just roll over and pay up without any problem.
Phone your local council 1st thing Monday morning and see if they know (probably not, as you will only be dealing with an office boy/girl) who will be responsible, them or the HA. Get them to send a claims form anyway.
If you have not done so already take 2 x images of every picture or get the pictures developed twice, one set for you and the other to send away to whoever, and always keep the negs because pictures seem to have a habit of " I am ever so sorry sir, we don't seem to have received your pictures with the claim form" disappearing.
I think in this case you will probably end up claiming from the Highways Agency as it is they that are responsible for road repairs.
All I can say is STICK TO YOUR GUNS if the claim does end up against the HA as they will try every way possible to wriggle out of paying up, I speak with previous experience of this. Councils on the other hand normally just roll over and pay up without any problem.
Phone your local council 1st thing Monday morning and see if they know (probably not, as you will only be dealing with an office boy/girl) who will be responsible, them or the HA. Get them to send a claims form anyway.
If you have not done so already take 2 x images of every picture or get the pictures developed twice, one set for you and the other to send away to whoever, and always keep the negs because pictures seem to have a habit of " I am ever so sorry sir, we don't seem to have received your pictures with the claim form" disappearing.
25 February 2007, 02:25 PM
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I work as an insurance claims advisor.
Yes, a claim can be made for this type of damage. You should write to the council to confirm what happened, providing an estimate for repairs. Ask the council who was carrying oout the work on that section of the road - it could have been a someone other than the council.
The council have a duty to maintain the highways and when roadworks are carried out they must be clearly signed and lit. When you write to them , mention the time of the incident and what lighting there was, if any.
Yes, a claim can be made for this type of damage. You should write to the council to confirm what happened, providing an estimate for repairs. Ask the council who was carrying oout the work on that section of the road - it could have been a someone other than the council.
The council have a duty to maintain the highways and when roadworks are carried out they must be clearly signed and lit. When you write to them , mention the time of the incident and what lighting there was, if any.
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25 February 2007, 07:03 PM
#8
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We got a wheel and tyre and the costs of a suspension check-up. The council refused liability, their insurers refused liability, we issued small claims court notice and the testement of a witness whom lived on the road and could verify with copies of dated letters that the road had been in disrepair for some considerable time and fully reported. They buckled and paid.
New damage has to be repaired within 7 working days of a report being submitted. If it's still there and causes damage thereafter then they're liable. They have a duty of care to inspect the roads and repair any defects, but this could be as infrequently as bi-annually, so any damage occurring between inspections they are not liable for unless they are notified by a member of the public.
Could be a good marketing tool for a wheel & tyre company to set up a website where you can report potholes, citing location, date and uploading photographic evidence
New damage has to be repaired within 7 working days of a report being submitted. If it's still there and causes damage thereafter then they're liable. They have a duty of care to inspect the roads and repair any defects, but this could be as infrequently as bi-annually, so any damage occurring between inspections they are not liable for unless they are notified by a member of the public.
Could be a good marketing tool for a wheel & tyre company to set up a website where you can report potholes, citing location, date and uploading photographic evidence
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