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Pot hole damage

Discussion in 'A3/S3 Forum (8L Chassis)' started by s4mark, Dec 28, 2009.

  1. s4mark

    s4mark Member

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    Hi everyone.
    Just managed to find the biggest pot-hole in my area!
    Totally unavoidable due to other traffic. The S3 now sits very low on the NSF and constantly pulling to the left. Alloy has split and tyre bubbled, front screen has a large crack also caused by the force of the impact.
    Will have to get it recovered tomorrow and see what the total damage is.
    Not happy at all. Have reported it to the council however i know from a friends previous experience that they will not accept liability as the offending hole has not been outlined and therefore they will just say they were not aware if it.
    There goes my 6 yrs no claims bonus.
    Another motorist who apparently also hit it this morning arrived there shortly afterwards with a ruler taking photos of the pot-hole, measured it to be 17 inches deep and 21 inches wide!
    Starting to wonder where all the money from our road tax goes.
    :mad:
     
  2. jojo

    jojo Looking for Boost!
    Staff Member Moderator

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    This is what everyone should do in the event of any damage to the car from potholes in the road to stand any chance of making a claim from the council. It's evidence! I remember reading in the past where someone hit a pothole, and went back to take pics a couple of hours later, but the hole had been filled in!

    Sounds like some serious damage to the car, goodluck with claiming off your council.
     
  3. fingermouse

    fingermouse thats me

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    I got a new alloy, tyre and 4 wheel alignment out of my council when I hot a pot hole :)
     
  4. OllieH

    OllieH Member

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    Wasn't there something on fifth gear a while back about this. As long as you get evidence, you can claim whether they know about it or not.
     
  5. voorhees

    voorhees Moderator
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    Highways Act 1980, s. 58:

    (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 the 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 for traffic.

    (2) For the purposes of a defence under subsection (1) above, the court shall in particular have regard to the following matters:—

    (a) the character of the highway, and the traffic which was reasonably to be expected to use it;

    (b) 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 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.
    thanks southpaw for this info
     
  6. s4mark

    s4mark Member

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    well car is at work at moment awaiting a thorough estimate tomorrow.
    So far I have found :
    Wheel buckled and split, large bubble on inside edge of tyre, snapped spring and possibly a slightly bent shock, front bumper cracked, windscreen cracked, engine undertray obliterated and some superficial scrapes to the sump.
    Screen has cracked from the bottom left corner diagonally across about 3 inches
    Hope there is nothing else lurking

    Not a happy chappy right now

    :(
     

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