trails

iTrader: (41)

About six weeks ago I had one of my front tyres side walls holed by a piece of metal drain pipe that was sticking out of the kerb near my house. £90 later I have a fitted and balanced new front tyre, I spoke to the council about claiming it back and they forwarded on my details (inc pics of offending kerb and holed tyre), onto their insurers. I got a reply today saying (see below), they are not liable. Please can someone advise me the best way to proceed...

cheers,
Ian

"Our Customer's duty is to ensure that the roads are maintained in a reasonably safe condition. They do not {I'm assuming this is a typo and they should have added "have"} to , ensure that the roads are in a perfect condition at all times.

In this case the highway concerned is inspected at intervals of 182 days. At the date of the last inspection prior to the incident no d3efect was recorded at the place concerned. No other complains or accidents relating to this locus were reported between the last inspection and the date of the incident. The defect seems therefore to have developed subsequent to the inspection, but before the time of the next planned inspection.

In our opinion, our Customers inspection systems is a reasonable one and as a result the accident cannot be said to have occurred due to any fault on their part. Therefore we are unable to meet your claim"

Mungo

It seems that the council is only insured if damage is caused by a defect that they knew about but failed to repair (seems the insurance company isn't really covering much!).
That doesn't necessarily mean they're not liable for causing the damage; they merely can't claim on their insurance in this instance and will have to stump up out of their funds.

stevey

iTrader: (2)

have you checked to see if it has been repaired yet the council will still be liable it is just the same as when you hit a pothole it might not have been there on the last inspection but that dosent meen they arent liable as it is there now

chris's scooby

I think you need to argue the point about "reasonably safe condition". The poor condition lead you to damage your car tyre which could have resulted in an accident.

Also find out when they last checked the road. If you ask for enough paperwork they may feel it's easier/cheaper to pay up rather than reply with everything.

AudiMan

Take them to the small claims court, (cost you about £30, which you'll get back if succesful), bl**dy councils will try and wriggle out of everything (bet they would have paid if you were a local councilor). Most of them are a bunch of lazy useless w****rs who sit moaning about how little they get paid or 32 days holiday isn't enough.
And before the "I love councils" bregade start, I worked at one for 11 years before I got a life !

Ian

zhastaph

Hi Ian, howz it going dude?

trails

iTrader: (41)

good colin, how are you mate, hope you and yours are all good and the RA is still keeping you smiling

been an interesting few months of scoob ownership to say the least...have you seen any recent pics of you ex-wagon?

zhastaph

It's funny I saw a post and I thought, oooh I wonder how he's doin. I've had a quick scout round and have only seen one pic from the rear, love to see something more up to date? I hope the cars treating you well.

The RA's for sale now (never was too good at hanging on to cars ). I replaced her a month ago with this hee hee hee

trails

iTrader: (41)

Car has been good, a couple of nasty moments like gearbox rebuild with new syncro for 4th and 5th...a chav in a transit reversed into the rear off side, buckled the wheel, smashed the strut and generally ruined all the body work round the wheel arch. There were no witnesses so its still with the insurers solicitors as he is claiming he was never involved in any accident; w@nker. I'm waiting for this to be resolved before I spend money on a Tek3 remap cause I'm selling it if I lose my no claims...about a month ago someone scraped past the rear near side and creased the rear panel and drove off, another £300 to get fixed and finally its the 45k service on Monday; wahoo!!

keeping my fingers crossed re the insurance tho cause i rather fancy a white S202 next

http://bbs.scoobynet.co.uk/showthrea...=377207&page=3

I'm about half way down this thread, it lists the mods and there is one newish pic but I'll PM you my e-mail and if you can respond I'll send you some recent good sized pics...

so you are a full on two seat sports car nutter now, what spec is it and do you miss your burble

zhastaph

45,000 miles

The car looks good in the photo (though I recognise the photo above it ), the black wheels go really well with it, offsets the need to colour code the skirting as it all fits in really well.

She sounds a bit battered these days I really hate stuff like that, I went out to the RA one day at work about 3 months ago and some complete lazy fat assed w@nker had opened his door into the side of it and put a 2 inch crease in it. I got a PDR guy out to it, he worked complete miracles and got rid of every little pin dent for less than £200

The TEK3's good, I had Bob Rawle do mine. Aside from the increase in boost (22 psi) and the fact that I can now run it on SUL it's just really made the car drive like it should do. Most of the lag is gone, the power curve is much much smoother, there's shed loads more power low down - coming out of a corner in second gear say the car is always ready to give immediately. And the power doesn't drop off at the top, it's still there at a 8,000 rpm.

And the Godspeed brakes, I cannot recommend these enough. I went for the 335mm kit on the standard 4 pots and the braking is eye popping to say the least. It's an afternoon's work to fit requiring no real skills or tools other than a thread to tap out in the hub. My one small grievance with mine is the lack of ABS, it can make it easy to ****** a front wheel if you panic brake (though you do get used to it and become a lot more progressive), with the ABS though I'd expect these to be unreal In my opinion I'd go for the brakes before the TEK3.

I've just emailed you my email addy.

Col

zhastaph

Oh forgot bout the Esprit;

Since I bought the Missus a car it's rare that I have more than me in mine so I figured I could get myself a 2 seater now. She's Year 2000 3.5 litre v8 - So the burble's bin replaced by a different kind of rumble all together. It's got cats on it at the minute so it's quite quiet, I'm sure I can do something about that before long .....