I was driving down a public back alley between houses and the was a gaping hole. I hit my splut (think that's what it's called, the cylinder with oil under the car) and all of my oil poured out all over the road. The car is now in a garage awaiting repair but can i claim costs of this back from the council?
2007-02-21 19:38:24 · 11 answers · asked by daniel s 2 in Cars & Transportation ➔ Other - Cars & Transportation
I am in the UK if that makes any difference. (cant believe 4 responses in under 10 mins... this answers thing really is good!)
2007-02-21 19:48:57 · update #1
The "alley" in question looked a little like this image. (http://www.mlanortheast.org.uk/nemlac/resources/Pictures%20of%20youngsters%20playing%20in%20back%20street.JPG)
i.e. old housing estate in north of england where peoples back yards back out onto and they leave their wheelie bins. Is that classed as a road or would it have a different status?
2007-02-21 19:58:05 · update #2
The first thing to do is to find out from the council if the alley is maintainable at public expense, ie is it an adopted highway, if it is you can make a claim against them however they do have a defense to such claims that can be quite difficult to overcome providing they can show they have taken reasonable care. To claim you have to show that the defect was dangerous which is not always as easy as it sounds as the nature and location of the defect is taken in to account when doing this for example a small pothole in a minor country lane may not be considered dangerous but the same pothole in the centre of town could be, established case law does state that the highway should not be compared to a bowling green. If you can win this part of the battle the council will then fall back on its statutory defence that it took reasonable care, they normally do this by demonstrating that they have undertaken regular inspections of the highway and the defect was not there when they last inspected it and therefore did not know about the defect. Another factor to consider is if you use the alley on a regular basis and possibly knew the pothole was there or there were often such defects then a judge may consider that you should have taken care. If you wish to claim I would suggest you try a lawyer on a no win no fee basis if they wont take it forward you will have a good indication that you stand little chance of success.
2007-02-22 10:31:42 · answer #1 · answered by grahamralph2000 4 · 0⤊ 0⤋
Generally you are supposed to look where you are driving; However if the hole was difficult to see or avoid, and it was reasonable for the council to have known about it you might have a case. You need to have proof of how long the hole had been there, if anybody else had complained &c., and also was it the council's road?. Some of the back alleys belong to the buildings landlord, even if it appears to be a right of way
2007-02-22 05:59:37 · answer #2 · answered by The original Peter G 7 · 0⤊ 0⤋
Daniel
Sorry to hear about this. If I were you I would take photographic evidence of the "gaping hole" in the road and then make a claim through the Council's insurers, or in the local county court (using the 'small claims procedure'). I guess it all comes down to burden of proof.
Good luck, J
2007-02-22 03:44:33 · answer #3 · answered by sirjulian 3 · 0⤊ 0⤋
You can try.
But I will tell you now - it will cost YOU more trying to get the Council it was there lack of maintainence that caused the damage to your car.
The road where I live has NOT been resurfaced or repaired by the Council for MORE than 20 YEARS, despite repeated requests from the residents that the pot holes to be filled in
2007-02-22 10:17:09 · answer #4 · answered by k 7 · 0⤊ 0⤋
That's the difference between maintained roads and paths or alleys. You use the latter strictly at your own risk and expense.
However, if your daddy is Mayor and you were born with that silver spoon sticking out where the sun don't shine, you might get your repair for free.
2007-02-22 03:49:18 · answer #5 · answered by ERIC G 3 · 0⤊ 0⤋
Speak to citizens advice.
I've heard of people claiming against the council for damaged alloy cheels after hitting potholes.
The council is charged with maintaining our roads, and if they fail to do so adequately then they should be held responable.
Sue them!
2007-02-22 04:32:16 · answer #6 · answered by wally_zebon 5 · 0⤊ 0⤋
You probably would have a case, but you were most likely driving too fast - I've hit my sump driving on uneven roads before but as long as you take it slow, it won't hurt anything...
2007-02-22 06:15:48 · answer #7 · answered by Anonymous · 0⤊ 0⤋
if you have photos of the hole and can prove it was this that caused it. also get a detailed report from the garage doing the repair.
2007-02-22 03:42:49 · answer #8 · answered by Anonymous · 0⤊ 0⤋
dont think so.i know if theres road works and the verge of the road collapses when your pulling of or on the road you can.theres toll free nos.you can ring for free advice.if you tell them the basics they will tell you if it's worth pursuing or not.
2007-02-22 03:43:17 · answer #9 · answered by BUSHIDO 7 · 0⤊ 0⤋
can you claim Daniel! dont hold your breath
2007-02-22 03:52:49 · answer #10 · answered by srracvuee 7 · 0⤊ 0⤋