Who is liable?

Author
Discussion

Wood spoiler

Original Poster:

18 posts

109 months

Friday 27th March 2015
quotequote all
Any thoughts:

I called into the Texaco garage in Cirencester on the A417 (junction with Gloucester Street)

On leaving I grounded and scuffed the underside of the front panel.

When I got home I looked it up on Streetview and clearly there is a big dip caused by the joining of the exit from the garage forecourt and the street. The road shows evidence of repairs at this point so one assumes that this is not the first instance of damage here.

https://www.dropbox.com/s/gupzfqr2aegx6rw/2015-03-...

Are the council liable for my damage?

Is the garage liable?

Or is it "tough" and down to me?

ncamv8

33 posts

111 months

Friday 27th March 2015
quotequote all
Sorry to say this, but my guess is that it's on you. you were driving and should have been aware of dip as you approached.

No sure about the UK, but in the US your in control of your car, and therefore responsible.

it sucks I know I lost 2 wheels to a massive pot hole, but had to either claim them on insurance, or pay for it. I chose not to make the claim to avoid the upcharge in my insurance bill.


C997

529 posts

166 months

Friday 27th March 2015
quotequote all
Wood spoiler said:
Any thoughts:

Is the garage liable?

Or is it "tough" and down to me?
If you can prove the garage is responsible for that piece of ground you might be on to something. I had the overhead gantry on a brushless car wash fall to pieces on top of my VW about 10 years ago. A piece of right-angled plate punctured clean through the bonnet and bits of other damage. Needed a fair bit of paint. If the plate had hit the windscreen it would have done me some damage! I had a cheque from BP about two weeks later...

petop

2,141 posts

166 months

Friday 27th March 2015
quotequote all
When i leave the Bournemouth Porsche dealership if i forget to take it at a certain angle i hear the dreaded scrape. My fault really, i left Porsche ownership to go to Aston so its probably their way of getting me back. I always like to go there on my return to UK to look over the models as 9/10 ill get prospective Porsche buyers coming over to ask about the car when im there!

Jon39

12,826 posts

143 months

Friday 27th March 2015
quotequote all

It is normal that property boundaries follow the line where a pavement begins.

This does appear to be confirmed in this instance, by reference to your photograph. The change of surface from concrete to asphalt, is very likely to be the property boundary.

I think the surface dip is in the asphalt, so it points to Gloucestershire County Council. County councils are usually responsible for town roads now.

The road itself does appear to be cambered more than usual, hence the dip problem.
You could try against the Council, because their road surface could not accommodate the passage of a (I assume) standard manufacturer car built to road regulation rules.

Don't waste too much of your time though. They attend obfuscation courses. - smile

However, thank you for your warning. Certainly a filling station for us to avoid.




ds2000

2,688 posts

192 months

Friday 27th March 2015
quotequote all
I think its down to you really. Where I live theres a dip and its a junction you've got to get across positively. I heard the car make a crunch once before deciding to find a different route to the house.

Cockey

1,384 posts

228 months

Friday 27th March 2015
quotequote all
I know councils shell out for new wheels and tyres when damaged by potholes, so perhaps it will be similar in this case?

How much damage has been done?

Impasse

15,099 posts

241 months

Friday 27th March 2015
quotequote all
Bloke with working eyes and a functioning steering wheel damages car by driving over uneven ground and wants to blame someone else. Interesting. thumbup

Wood spoiler

Original Poster:

18 posts

109 months

Friday 27th March 2015
quotequote all
Cockey said:
I know councils shell out for new wheels and tyres when damaged by potholes, so perhaps it will be similar in this case?

How much damage has been done?
Not too much damage and not visible from above. The underside of the front is scarred and scuffed. Enough to be annoyed but not a disaster either.


Impasse said:
Bloke with working eyes and a functioning steering wheel damages car by driving over uneven ground and wants to blame someone else. Interesting. thumbup
So is it normal to expect the roads you drive over to cause these problems, let alone in the dark and not much lighting?

If I was off the beaten track then the damage could reasonably have been anticipated (and I have a Land Rover for that and use on those kind of routes). As it was I was exiting a petrol station I had accessed off an "A" road. Personally I expect roads to be "fit for purpose" and having found this particular problem it remains something I am annoyed by. It is not a case of steering around a pothole as the road had no apparent damage and nothing to miss. Neither was it a case of taking it to a place where one would expect or could see a bumpy road surface and then moaning. The extreme camber of the road has created a situation whereby one could not exit the garage forecourt successfully without grounding the car.

Anyone near to Cirencester needing fuel - you have been warned.

DB4DM

934 posts

123 months

Friday 27th March 2015
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What car exactly? I'm totally with Impasse, how old are you?

Pothole

34,367 posts

282 months

Friday 27th March 2015
quotequote all
C997 said:
Wood spoiler said:
Any thoughts:

Is the garage liable?

Or is it "tough" and down to me?
If you can prove the garage is responsible for that piece of ground you might be on to something. I had the overhead gantry on a brushless car wash fall to pieces on top of my VW about 10 years ago. A piece of right-angled plate punctured clean through the bonnet and bits of other damage. Needed a fair bit of paint. If the plate had hit the windscreen it would have done me some damage! I had a cheque from BP about two weeks later...
Exactly the same, obvs.

synonym

132 posts

128 months

Friday 27th March 2015
quotequote all
When using a garage forecourt entrance/exit your eyes are on other things (like traffic, pedestrians etc) - I don't think it's unreasonable to expect such a well used place to be anything other than vehicle friendly. My sympathy is with the OP.