Damaged Car On The Road, Whats The Law On This

[Guest rimexboy]

My evry day car went down a pothole back in july and damaged my alloy wheel, i informed the council who told me to send details so i did and this has been going on and i just got a letter to say they have carried out their investigation and their is nothing more they can do.

 

the letter says about section 58 (1) of the highways act 1980 (jargon )

 

i have pictures and they have them aswell, so you all know what the question is... Do i tale them to the small claims court or do i drive on the pavement as they are in better condition???

 

any advice on this one please??

 

thanks in advance

 

regards simon

[Guest Battery Bill]

Simon

I think that they are liable if the defect has been previously reported,

which really seems of no use at all to the motorist

 

Have a word with the CAB (Citizens Advice)

[Guest robinj66]

S58 of the Highways Act states :

"58. Special defence in action against a highway authority for damages for non-repair of highway

 

(1) In an action against a highway authority in respect of damage resulting from their failure to maintain a highway maintainable at the public expense it is a defence (without prejudice to any other defence or the application of law relating to contributory negligence) to prove that the authority had taken such care as in all the circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous to traffic.

 

 

(2) For the purposes of a defence under subsection (1) above, the court shall in particular have regard to - (a) the character of the highway, and the traffic which was reasonably expected to use it;

 

( the standard of maintenance appropriate for a highway of that character and used by such traffic;

 

© the state of repair in which a reasonable person would have expected to find the highway;

 

(d) whether the highway authority knew, or could reasonably have been expected to know, that the condition of the part of the highway to which the action relates was likely to cause danger to users of the highway;

 

(e) where the highway authority could not reasonably have been expected to repair that part of the highway before the cause of the action arose, what warning notices of its condition had been displayed;

 

but for the purposes of such a defence it is not relevant to prove that the highway authority had arranged for a competent person to carry out or supervise the maintenance of the part of the highway to which the action relates unless it is also proved that the authority had given him proper instructions with regard to the maintenance of the highway and that he had carried out the instructions.

 

 

(3) This section binds the Crown."

 

 

 

 

It basically means that the local authority will rely on this section of the Statute (Act of Parliament) if you sue them for damages (your losses) as a result of their action/inaction which led to your loss (negligence).

 

Basically it's a"get-out" clause to avoid paying you any money.

 

Would be impossible to say whetther you could successfully take legal action against them without having much more detail. I would suggest taking legal advice - many solicitors will offer a free first appointment or try the local citizens Advice Bureau.

[Guest rimexboy]

thanks for the thoughts on this. i was going to get the forms from the courts for a small claims fill them in and write one last letter saying how much the damage is and if they want to pay me if they dont i was going to add my days wages and also the cost of taking them to court and if no response or settlement then to court i go..

 

thanks simon

[Guest Tony Tank]

Hi

Try one of the no win no fee companys and see if they will take up your case.

If they say yes that tells me it is worth YOU taking them to court , if they say no then leave it and put it down to not seeing the pot hole

Tank

[Greenie]

Hi

Try one of the no win no fee companys and see if they will take up your case.

If they say yes that tells me it is worth YOU taking them to court , if they say no then leave it and put it down to not seeing the pot hole

Tank

Please be very careful with "NO WIN NO FEE" , if you don't win you may become liable for the VAT incurred.

I am a Fleet Manger of 450 cars and the same happen to one of our company cars, it struck a hole in the highway and could not claim a penny. It may bounce back as not been vigilant. GOOD LUCK.

[Guest paul091085]

i managed to ruin a tyre whilst driving on a road in my village. The tarmac around one of the man hole covers had crumbled and dissappeared and the result was a sharp metal edge. It managed to rip my front car tyre and despite clear pictures and a description, the council would not pay me a penny towards replacing the tyre. However, 3 days later the tarmac had been filled in

[Guest mastarforth]

I have talked to a council representative about htis in the past and I like Bill think as long as it has been reported previously then the council are liable, to repair damage to both vehicles.

[Guest micky bigthumbs]

Simon i am not having a go at you

 

but can i have four new sumps please mr council..i know its a pain in the but hitting a pot hole or ripping your sump off on a raised manhole..but thats just tuff tit do we have to go all American and sue everyone.

I have hit things and busted things..ranted at the council or women drivers ..but when you sit back and think ..was i going to fast to see it or taking enough precausions to avoid it....I Ripped a wheel f my dads car when i was 19 / 20 an independant adjudicator worked out i must have been doing 50 miles per hr...it was 30 limit

[Guest rimexboy]

Hi all

 

thanks for all of your advice on this, i will try one last letter to them with a filled in county court form and see what happens

 

thanks again regards

 

simon