Can you make a claim against the highway agency for damage to car on motorway?
 

A friend of mine drove over a pallet on the motorway which destroyed the splitter and radiator on his car. Does he have the right to make a claim against the highway agency? Is it their duty to insure that the motorways are clear of hazards like this?

Any help advice would be appreciated.

I think if you can prove the highways agency knew it was there a good while before you hit it you may have a chance, which unfortunately for you, will be highly unlikely :(

I would suspect, a bit like potholes, that you will only be able to claim if somebody else had already reported it being there and you can show they failed to act.

OTH - how the hell did he hit a pallet? If it fell off the truck in front of him, then the truck operator is liable and the driver can be prosecuted for having an insecure load.

He said it was 'something flat like a pallet but not as deep'

I think the question still stands, although not desperately relevant, but how do you not see something that size?

I don't think you can sue them, they are a part of the government.

He was doing 170mph?

(joke)

ive claimed for pothole damage in the past. blew 2 tyres , one front then the rear. they hadnt had anyone else report it , but i had photos and within 5 hours of me reporting it, the thing had been temporarily fixed. if you have proof you have nothing to loose.

I caught a handy lump of concrete on the outerlane of the m4 a few years back - it was late at night, there were no central reservation lights, and I just didn't see it...

Highways patrols hadn't seen it either...and by the tiem it had made friends with the sump, the piece of oncrete was obliterated

It puncture my oil sump (£500+ garage bill)... I was unable to claim from the the Highways ...

It's just one of those things I suppose, you have to curse, and then grin and bear it:)

Unless it had been reported to the Highways agency and they had not acted upon the info (pretty unlikely with something of this size stuck in the Motorway) why should they pay up? It's hardly their fault!

Unless he could find out what the offending article came from, then he'll have to pay for the repairs himself or claim on his own insurance I would have thought.

In a word no, it's your responasability to ensure you can see the road infront of you, to make sure it's clear and avoid obstacles.
It's the HA's responsability to make sure it's shifted ASAP, but they aren't responsible for your lack of observation in the meantime

a mate of mine was recently driving to work on the motorway (hes a truck driver but was in his rover runaround)
he went to overtake a lithuanian lorry, and as he was along side, said lorry swerved and smacked him forcing his car into the central reservation.

trucker drove off, didnt stop or anything, and my mate was left to try move his written off car and stop himself bleeding to death - literally.

anywho, no witnesses, 4am, but he explained what had happened. the police did an investigation. there was skid marks off said lorry, and obviously the written off car. got £6,500 compo off said people in first post, after solicitors fees.

ok now, needed lots of stiches.

Agreed.

The Highways agency can be sued for other things such as damage caused due to the poor / unsafe condition of the carageway though......