Hit "raised ironwork" and burst tyre - can I claim?
Discussion
My area has been appalling for potholes for 2 years now. The road is now being resurfaced with everyone very thankful.
Many people have had serious car damage including my partner who (is one of those annoyingly slow drivers) got a broken spring, buckled wheel and bulged tyre at different times. She attempted to claim some of this damage from the Council who didn't dispute there was a pothole there but quoted some Act that got them off the hook for responsibility because they had inspected the road 6 months earlier and at that time that pothole wasn't bad enough to need action... so no compensation.
To date I have been astute at swerving around the numerous holes or emergency stops if stuff is coming the other way and so on so have avoided damage.... until last night. Last night with oncoming traffic in the dark (on a stretch that has had the wearing course removed ready for resurfacing) I hit a raised ironwork at 20mph. I couldn't avoid it as saw it late and there were two such raised ironworks straddling my carriageway. I knew immediately some damage had been done, and noticed severeal other cars and RAC etc all stopped (looking at their wheels) in the next laybye 100yds up the road so I epxect they all had damage too. Anyway I git home and found the last of the air exiting a front tyre via a gash in the sidewall.
I'm astonished that it caused such damage as I was only doing 20mph, hit it square on, and it only looked to be an inch or so above the surface.
Anyway, the risk of raised ironworks was well sign posted, all traffic was creeping along at 20mph as you'd expect, is it worth me trying to claim from the council? Will they simply quote the same Act as before and (in their opinion) not be liable?
Many thanks.
Many people have had serious car damage including my partner who (is one of those annoyingly slow drivers) got a broken spring, buckled wheel and bulged tyre at different times. She attempted to claim some of this damage from the Council who didn't dispute there was a pothole there but quoted some Act that got them off the hook for responsibility because they had inspected the road 6 months earlier and at that time that pothole wasn't bad enough to need action... so no compensation.
To date I have been astute at swerving around the numerous holes or emergency stops if stuff is coming the other way and so on so have avoided damage.... until last night. Last night with oncoming traffic in the dark (on a stretch that has had the wearing course removed ready for resurfacing) I hit a raised ironwork at 20mph. I couldn't avoid it as saw it late and there were two such raised ironworks straddling my carriageway. I knew immediately some damage had been done, and noticed severeal other cars and RAC etc all stopped (looking at their wheels) in the next laybye 100yds up the road so I epxect they all had damage too. Anyway I git home and found the last of the air exiting a front tyre via a gash in the sidewall.
I'm astonished that it caused such damage as I was only doing 20mph, hit it square on, and it only looked to be an inch or so above the surface.
Anyway, the risk of raised ironworks was well sign posted, all traffic was creeping along at 20mph as you'd expect, is it worth me trying to claim from the council? Will they simply quote the same Act as before and (in their opinion) not be liable?
Many thanks.
FMOB said:
As the situation was adequately sign posted and you were aware, I cannot see in this case how they were negligent.
I share your frustration with the situation but I think your wallet will be taking the hit.
I think you are right! The raised ironwork did have some tarmac temporarily around it to smooth off the edge but that had long gone over this weekend before I hit it. I share your frustration with the situation but I think your wallet will be taking the hit.
Out of interest I may post a picture later if I get a chance to go by there.
Ninja59 said:
I am going with unlikely imo like others.
If it is a lower profile tyre I expect the initial impact and load will have been the issue. Raised ironworks are a big issue in itself but even surprisingly low speeds can cause significant issues.
I think what happened is that as there were two ironworks across my lane (and I couldn't swerve around due to oncoming traffic or slow down from my 20mph due to traffic behind) I straddled them best I could.If it is a lower profile tyre I expect the initial impact and load will have been the issue. Raised ironworks are a big issue in itself but even surprisingly low speeds can cause significant issues.
But my outside right offside just caught an inch or two of the ironwork and that caused the hole in the tyre below. Had I hit the ironwork with the full breadth of the tyre I doubt there would be any issue, it's the fact I clipped it I think that caused the damage.
Legally you can claim for almost anything.
I seriously doubt you would win if it is in road works with warning signs about raised ironworks.
What is the councils alternative?
Because the only one I can see is close the road for all roadworks with raised ironwork... Because I guarantee that some (possibly modified) low sportscar will be able to hit ironworks a few cm off the road (i.e. less than a speed bump), despite 99% of vehicles being perfectly capable of crossing it safely...
I suspect that they also can't accelerate the works because potentially materials under the top surface really need to set/settle before you should put tarmac down on top. And this is probably weather dependant as well...
I seriously doubt you would win if it is in road works with warning signs about raised ironworks.
What is the councils alternative?
Because the only one I can see is close the road for all roadworks with raised ironwork... Because I guarantee that some (possibly modified) low sportscar will be able to hit ironworks a few cm off the road (i.e. less than a speed bump), despite 99% of vehicles being perfectly capable of crossing it safely...
I suspect that they also can't accelerate the works because potentially materials under the top surface really need to set/settle before you should put tarmac down on top. And this is probably weather dependant as well...
Roads are absolutely horrendous around me, must be some of the worst in the UK. I ended up buying a car that copes with the state of the road, slightly raised soft suspension and a nice deep profile. It copes far better than my previous car and will happily go over most poor road surfaces, ironworks and speed ramps without having to slow right down.
qwerty360 said:
Legally you can claim for almost anything.
I seriously doubt you would win if it is in road works with warning signs about raised ironworks.
What is the councils alternative?
Because the only one I can see is close the road for all roadworks with raised ironwork... Because I guarantee that some (possibly modified) low sportscar will be able to hit ironworks a few cm off the road (i.e. less than a speed bump), despite 99% of vehicles being perfectly capable of crossing it safely...
I suspect that they also can't accelerate the works because potentially materials under the top surface really need to set/settle before you should put tarmac down on top. And this is probably weather dependant as well...
Yep I won't waste my time claiming. I'm jaded from when my partner claimed for pothole damage and they said that as they had inspected the road 6 months before they weren't liable for the now dangerous pothole that they filled in the next day.I seriously doubt you would win if it is in road works with warning signs about raised ironworks.
What is the councils alternative?
Because the only one I can see is close the road for all roadworks with raised ironwork... Because I guarantee that some (possibly modified) low sportscar will be able to hit ironworks a few cm off the road (i.e. less than a speed bump), despite 99% of vehicles being perfectly capable of crossing it safely...
I suspect that they also can't accelerate the works because potentially materials under the top surface really need to set/settle before you should put tarmac down on top. And this is probably weather dependant as well...
Silvanus said:
Roads are absolutely horrendous around me, must be some of the worst in the UK. I ended up buying a car that copes with the state of the road, slightly raised soft suspension and a nice deep profile. It copes far better than my previous car and will happily go over most poor road surfaces, ironworks and speed ramps without having to slow right down.
Yep we have agreed that when we next change cars we will be getting monster trucks (well bigger tyres - not low profile) next time. It's too expensive otherwise!Scarletpimpofnel said:
Yep I won't waste my time claiming. I'm jaded from when my partner claimed for pothole damage and they said that as they had inspected the road 6 months before they weren't liable for the now dangerous pothole that they filled in the next day.
Had a rim buckle due to an unwarned/signed pothole council was aware of at least 6 weeks before which had also grown in size but never made the claim as had spare wheel already and advice was they would wiggle out of it somehow, likely as you have experienced.poo at Paul's said:
Scarletpimpofnel said:
wyson said:
What profile are your tyres?
245/40 R19Get a nice 60series on it, maybe 17s!
OutInTheShed said:
poo at Paul's said:
Scarletpimpofnel said:
wyson said:
What profile are your tyres?
245/40 R19Get a nice 60series on it, maybe 17s!
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