Can't believe this has happened after the time and money i've put into her this year.

 

This morning on the way to work in heavy rain I went over what i thought was a small puddle, but it turned out to be a deep hole. Two loud bangs as both passenger side wheels hit it. Got out , furious, and checked my new alloys for any damage, found some scratches but was too wet and dirty to examine further so got back in, drove 10 yards down the road, and then it got worse.

 

Suddenly there was some very nasty noises then the whole front suspension seemed to collapse . pulled over and found the whole front of the car sitting on the wheels and the front spoiler touching the ground.

 

Called a recovery vehicle to remove it and take it to nissan. 180 quid recovery charge later i'm on the phone to the co. council trying to remain calm as they explain the painfully slow procedure involved making a claim.

I won't have the assesment from nissan till monday, but it's going to be big. I've just had shocks , cambers and new track rod ends sorted last week and a full wheel alignment and tracking done 4 days ago.

 

 

So here I am zedless for the near future, and the money I was going to spend on goodies is going on repairs, 'til I get a claim up and running :cry: :cry: :cry:

Well here are the culprits. took pk's advice and emptied the water, used a level and a ruler.

There was actually two holes, one after the other, 1 7.5" deep ,the other about 8.5" deep. The steep edges made them all the more damaging.

Bloody hell, that's deep! :eek:

 

No wonder it buggered the car!!

:shock: ****in 'ell thats nasty!!

 

I hope you can get a claim bud. I'm not sure, but i think for the council to pay out, the area must have been previously reported. :confused:

 

 

I work for the highways dept of our local council and deal with potholes, resurfacing and highways claims etc. The pothole doesn't need to have been previously reported for you to make a claim. You've done the right thing in taking photo's and measurements, any defect in the highway that is over an inch in depth is classed as actionable so you've got a really good case.

Just to warn you that it does take a long time to process as their inspectors will have to go out and measure, take photo's etc then all the info is passed to solicitors for them to deal with it. Whatever you do don't say to them that it's been there for ages and why haven't they repaired it etc as they'll turn round and say "why didn't you report it and avoid it then" and it may damage your case. I've seen this happen a few times before.

Good luck though, hope you get it sorted!

I work for the highways dept of our local council and deal with potholes, resurfacing and highways claims etc. The pothole doesn't need to have been previously reported for you to make a claim. You've done the right thing in taking photo's and measurements, any defect in the highway that is over an inch in depth is classed as actionable so you've got a really good case.

Just to warn you that it does take a long time to process as their inspectors will have to go out and measure, take photo's etc then all the info is passed to solicitors for them to deal with it. Whatever you do don't say to them that it's been there for ages and why haven't they repaired it etc as they'll turn round and say "why didn't you report it and avoid it then" and it may damage your case. I've seen this happen a few times before.

Good luck though, hope you get it sorted!

 

 

Thanks for that Ac1, any advice is very helpful to me. Im going to get a file together over the weekend, with a letter, photos, receipts from the garage where tracking/balancing was done proving the suspension was 100% only 4 days ago.

When I get the bill from nissan, i will personally bring it to government buildings and hand it in, after I have made copies of everything.

:shock: thats like runing up a kerb at 30mph! im surprised your tyres are still intact!

Gutted on your behalf Chewie.

Hope it gets sorted as soon as possible.

Well here are the culprits. took pk's advice and emptied the water, used a level and a ruler.

There was actually two holes, one after the other, 1 7.5" deep ,the other about 8.5" deep. The steep edges made them all the more damaging.

 

Mick just a little something else to add to you arsenle. If you set up the photo and put a Newspaper by it then you have a indesputable date of event. They carn't fill it in and say it was filled in 3 months back.

I hate to be the one that gives you bad news mate, but the council will not pay for anything. you cant take them to court, but you will lose.

 

I work for the council, and they have to date, not lost a single case, or paid a single claim either.

 

to make a claim, there HAS to be a series of events.

 

firstly, they must have a written complaint about the hole PRIOR to your accident, this means that someone else must have reported it .

 

then, you have to show that, even thought they knew about the danger, they did not repair it.

 

then, you also have to show that even after your accident, they did not repair it for X amount of time.

 

the reason they never pay a claim is, that no one, and i mean no one ever reports a pot hole, unless its caused damage to their vehicle.

 

I smashed a wheel on my motorbike, and even i couldnt get them to pay out, and i work for the sods.

 

sorry mate, its a bummer and i do think your very lucky you were not hurt.

just read about this

sorry about your car m8

i personnally know the roads in ireland are unbelievably crap

and for anyone who hasnt been yhere i meen CRAP.

no street-lights

no white lines

no kerbs

no cats-eyes

the best thing to buy for a car over there is BLOODY BIG SPOT LIGHTS

hope you get it sorted m8

I hate to be the one that gives you bad news mate, but the council will not pay for anything. you cant take them to court, but you will lose.

 

I work for the council, and they have to date, not lost a single case, or paid a single claim either.

 

to make a claim, there HAS to be a series of events.

 

firstly, they must have a written complaint about the hole PRIOR to your accident, this means that someone else must have reported it .

 

then, you have to show that, even thought they knew about the danger, they did not repair it.

 

then, you also have to show that even after your accident, they did not repair it for X amount of time.

 

the reason they never pay a claim is, that no one, and i mean no one ever reports a pot hole, unless its caused damage to their vehicle.

 

I smashed a wheel on my motorbike, and even i couldnt get them to pay out, and i work for the sods.

 

sorry mate, its a bummer and i do think your very lucky you were not hurt.

 

 

Don't know which Council you work for mate but ours has lost several cases. Only last week we had to pay out for an old dear who had tripped over a raised flagstone.

 

Don't know whether it's a standard procedure for all Councils or whether they each have their own procedure but with ours there's no need for there to be a prior complaint about the defect. Also we usually get our defects repaired within 24-48 hours of them being reported as we have a duty of care to do so, but you can still succesfully claim even if it has been repaired, as long as you have photographic evidence etc etc.

 

Got to disagree on the matter of reporting potholes as well. I must get 30-40 phone calls a day from people reporting potholes, sunken trenches, bad reinstatements etc etc all of which have got to be actioned.

Don't know which Council you work for mate but ours has lost several cases. Only last week we had to pay out for an old dear who had tripped over a raised flagstone.

 

Don't know whether it's a standard procedure for all Councils or whether they each have their own procedure but with ours there's no need for there to be a prior complaint about the defect. Also we usually get our defects repaired within 24-48 hours of them being reported as we have a duty of care to do so, but you can still succesfully claim even if it has been repaired, as long as you have photographic evidence etc etc.

 

Got to disagree on the matter of reporting potholes as well. I must get 30-40 phone calls a day from people reporting potholes, sunken trenches, bad reinstatements etc etc all of which have got to be actioned.

 

 

You may want to check that mate, as the council will not accept liability.

 

the law was changed with regards to liability a few years ago, now the council are not expected to know the condition of every inch of the highways.

 

with regards walkways, the liability is slightly differnet, but for highways, they will not be counted as liable unless they are made aware by either the public or inspector.

 

trust me ;)

You may want to check that mate, as the council will not accept liability.

 

the law was changed with regards to liability a few years ago, now the council are not expected to know the condition of every inch of the highways.

 

with regards walkways, the liability is slightly differnet, but for highways, they will not be counted as liable unless they are made aware by either the public or inspector.

 

trust me ;)

 

We'll have to agree to disagree on this one mate as I'm a Highway Inspector and deal with these scenarios day in day out ;)

We'll have to agree to disagree on this one mate as I'm a Highway Inspector and deal with these scenarios day in day out ;)

 

Snap ;)

i cant see how 2 councils can operate so differently fella.

 

i'd hate to work for yours though, as the law was changed to protect the workers too.

 

just out of interest, how many miles of higway are you expected to inspect on a weekly time scale to ensure faults are up to date?

A highway authority's duty under section 41(1) of the 1980/86 highways Act to maintain the highway was a duty to keep the fabric of the highway in such good repair as to render its physical condition safe for ordinary traffic to pass at all seasons of the year.

 

 

 

 

42. Power of district councils to maintain certain highways

 

(1) Subject to Part 1 of schedule 7 to this Act, the council of a non-metropolitan district may undertake the maintenance of any eligible highway in the district which is a highway maintainable at the public expense.

 

 

(2) For the purposes of subsection (1) above the following are eligible highways - (a) footpaths,

 

(b) bridleways, and

 

© roads (referred to in Schedule 7 to this Act as 'urban roads') which are neither trunk roads nor classified roads and which - (i) are restricted roads for the purposes of section 81 of the Road Traffic Regulations Act 1984 (30 mph speed limit), or

 

(ii) are subject to an order made by virtue of section 84(1)(a) of that Act imposing a speed limit not exceeding 40mph, or

 

(iii) are otherwise streets in an urban area.

 

 

 

 

(3) The county council who are the highway authority for a highway which is for the time being maintained by a non-metropolitan district council by virtue of this section shall reimburse to the district council any expense incurred by them in carrying out on the highway any works of maintenance necessary to secure that duty to maintain the highway is performed, and Part II of Schedule 7 to this Act shall have effect for that purpose.

 

 

heres the main act link.

 

http://www.glass-uk.org/pub-library/acts/ha80/index.html

one other thing to remember is that the councils and local highways dont actually own the roads by law, the queen does, in effect the authorities lease/rent them fromthe queen and as subjects we pay a duty to use these higways and byways, the correct term used to describe the taxation system based on uk roads, all wayfairing paths, byways, highways, that allow the conveyance of any form of transport, albeit animal or mechanical is subject by royal act to pay a duty to the queens treasurer for the use and maintainence of aforementioned routes. Each county will self control the collection of such duties and the transfer of duties to the treasurer.

 

this old law formed the basis of our now road tax system, in this the representatives of the queen and counties ( local highways authority and council) are responsible for the upkeep of these routes as designated by lease and deed. therefore under the act if they fail to meet the requirements under section 42 (1) failure to maintain a highway as to allow its users to pass unhindered and without due-cause as to allow injury or damage to an individual or conveyance, the representatives of the lease are liable for costs to the value of the proven amount in a court of law. the authority must then make good any defects to the satisfaction of current regulations, these must then be presented for inspection under the act.

They relate more to who pays for the upkeep mate, not who pays the claims.

keep all reciepts off work recently carried out also might be an idea to word a brief on a no win no fee basis good luck mucker

keep all reciepts off work recently carried out also might be an idea to word a brief on a no win no fee basis good luck mucker

 

can you do that then ?

 

not sure i thought it was only personal injury had no win no fee?

 

if you can, then do it, nothing to lose

soz t pot i am so pigging slow posting i wouldnt have posted you guys know wot you are on about

but it frightens the shite out of swanseas council they set aside 2million a year for claims like people tripping on cracks in the pavement etc

i refer to this in my previous post:

this old law formed the basis of our now road tax system, in this the representatives of the queen and counties ( local highways authority and council) are responsible for the upkeep of these routes as designated by lease and deed. therefore under the act if they fail to meet the requirements under section 42 (1) failure to maintain a highway as to allow its users to pass unhindered and without due-cause as to allow injury or damage to an individual or conveyance, the representatives of the lease are liable for costs to the value of the proven amount in a court of law. the authority must then make good any defects to the satisfaction of current regulations, these must then be presented for inspection under the act.

 

 

the "govenors" or those responsible for the routes defined in the countys deeds term of lease also clearly states that they not the queen are responsible for all payments due to damage cause by poorly or inadequately maintained roads..etc.

 

you see not many people know about the primary lease of the use of roads from the monarch. its the same with buying your land, you never actually own it, you never will, you still need permission to build on there that goes back to a very old law whereas the sovereign can at any time seize a domain for their own use and as such must comply with stipulated laws and rules. when the local authority want to put a motorway through your house there is nothing you can do to stop it, if you look at the primary deeds to all land in that county they are linked to the soveriegn and as such has the final say, this power was also given to the primeminister and as a representative of the sovereign can enfore a return of leased land so as such the land is also co-owned by the treasury also. this also refers to roads, and as you pay the "tax/treasury" for use/lease of these roads, the responsibility to maintain and cover damage related claims is present under the primary deeds.

 

when you pay land registry you are registering your lease of the ground you have your house on, this is recorded under the old lease laws set down, then when you pass away if there is no beneficiary then the state re-claims the property including all assets therein as state property and are dealt with accordingly.

 

basically as the local authorities are responsible for the maintainance of the roads they are also under deed lease responsible for a damage or liability caused by negligence to maintain them under the primary deed/lease and the highways act, however you could site the primary deed terms in court, problem is getting a copy of them from council records, and you will never get them as they hold information relating to the original deed/lease owner and all parties, they dont release that info for anyone.

 

however they are liable for all damages incurred it will take time but they are liable.

my head hurts now. remembering all that!

donot fix the car. if you do they will not hurry. make an issue of phonng every day, tell tehm its you only car and you need transport... blaabllaa

 

as soon as you dig you fix the cat ehy will start dragging thier heels and dispute what you had fixed.

Thankyou everyone for the kind words and helpful advice, dave8 , that's a very good point.

 

Even though i'm in a different country, i'm sure a lot of the council practices are similar. I'll keep you guys posted on what happens.

donot fix the car. if you do they will not hurry. make an issue of phonng every day, tell tehm its you only car and you need transport... blaabllaa

 

as soon as you dig you fix the cat ehy will start dragging thier heels and dispute what you had fixed.

 

Correct and so long as your insurance company isn't Zurich (they insure the highways department against claims for personal and property damade caused by defective roads. Which sort of answers the question of liability, because they wouldn't insure unless they were liable) get them involved if they provide you with an alternative car while yours is of the road.

 

That way the council/highways deptment will want to settle sooner rather than later because the insurance co will seek to reclaim all its cost.