Damged Wheel Council NOT accepting liability

[james550213]

3 months ago my wife parked near a kerb and felt something through the steering wheel, so she got out to have a look,
this what she found,


this was the damage to my wheel,


this was bad, but add to that, the fact that the wheels were old a few days old after VW changed them all, due to white worm on my old wheels!!

I was a little bit upset but thought I would take lots of photo's and show the council to see if they would sort it out.
HOW WRONG I WAS!
They said it could take up to 3 months for a decision, and it did they sent me a letter 2-3 days before the 3 months were up!
In the letter they told me how they do a annual inspection on the highways and in 'THEIR OPINION the council's inspection and repair system is a reasonable one and as a result, the accident cannot be said to have occurred due to any fault on the council's part. Therefore we cannot meet the claim as our customer has a valid section 58 defence under the highways act 1980 in place. Liabilty is denied.'
Not sure what to do now but made me laugh as the kerb stone has been repair straight away!

[h4rdy]

Take them to the small claims court.

Likelyhood is that they won't contest and pay up.

They expect you to go away now but don't give up.

[Top Cat]

I too would give the small claims court ago. 

Saying that your wifey was seriously close to that curb even if the bolt was not there. 

[Hedge]

Saying that your wifey was seriously close to that curb even if the bolt was not there. 

My thoughts exactly. That bolt must only be 10 or 15mm high, which unless she is Russ Swift, means the potential for disaster was always there.

[skifast]

check out  potholes.co.uk  tells you how to make a claim

[RobH]

The fact that they have repaierd the curb should tell you something though. If it is up to standard as they say in there letter, why bother repairing the curb

Small claims court ftw

[vRStu]

Small Claims Court from me too.

Pictures clearly show an 'obstruction' and as above, having been recently repaired is almost as good as an admittance.

[gulfstream11]

I totally agree with the above comments.. I would definately be paying a solicitor a visit..

[edd666999]

personally....IMO id not follow it up, If i hit that id blame myself not the council, its like driving over a nail or hitting your wing mirror on something.

Not what i would describe as a pothole....

BUT im not saying you shouldn't as i dont know the rules behind what you can claim off and whos fault it really is, i just dont agree with the country becoming a complain/sue to get your way society.

i dont mean any negative vibes by this post btw!

[skifast]

all claims for damage or personal injury on highways pavements etc come under the same national code of practice.so wether you have hit a pothole fallen down an open grate in the pavement or tripped over a raised flagstone or hit an obstruction sticking out of the kerb the claims prosess is the same.

[Matthew.]

As above Small Claims Court mate. It really boils my blood how unreasonable the councils are about this sort of thing.

About 6 months ago I was driving down a country road, national speedlimit by the way, but only doing 40-45mph. I hit a pot hole which was so deep it snapped a spring in half and bent the front wishbones....

They refused to pay up, and I didnt bother pursuing. 

[scooba]

Last year I had a claim the council contractor was flailing the hedges on the forest road and completley covered my car with wood causing me to move over clipping the kerb,I went home and phoned the highways and they sent a inspector out and he called me back and agreed it was as i had said and sent me a claims form.They explained it takes up to 90 days to resolve so on day 91 i was on the phone ,no record of who went out etc etc etc ,I ended up giving up and paying for the refurb myself


In my opinion you would be wasting your time

[h4rdy]

Anything over £50 in the small claims.

How much is a wheel at VW?

£350 + £150 for tyre?

Alignment?

Then get it repaired!

Did I say that out loud!

[edd666999]

h4rdy your only screwing yourself over with suggestions like that, the money he is trying to get comes out of your tax!

[SO8]

Maybe I am old fashioned ... and I would be p***ed off if I scraped that .... but isn't it one of those things ?    It just wouldn't occur to me that I could get the money back for touching it - I would view it as down to me.

It isn't quite the same as a pothole ... though I can't see why it is there.  I would just pay for it.  If a drain cover had been left off by the council and I buckled a wheel on it then I see that as a bit different .... but a visible bolt, albeit in an odd place .... that is probably sticking out no more than 1cm ???  

Odd place but there to see.  Your wife must have been soooooo close to the kerb     I would make sure she parks so far away she needs a drawbridge to reach the path