Car damaged by roadworks. Where do I stand?
Discussion
Just driving along today (rounding a left hand bend in the road at 15-20mph)approaching some traffic lights, when I heard a nasty clunk on the side of the passenger side door of the car.
I stopped and took a look to find that I had run over one of those little triangular roadworks signs that had been lay down half on the kerb and half in the road. I assume that as my front wheel had passed over it, the sign was propelled up and hit the door.
Upon examining the door I descovered this piece of road furniture had managed to leave a substantiial amount of marks and scratches, some fairly deep which will require more than just T-Cut to put right.
My question is, where do I stand at getting any sort of compensation from the council for this? Do I have any chance at all or it is just going to have to come out of my own pocket and be put down to experience?
I've taken the precaution of getting photos of the damage to the car and the road/position of the sign, where the damage occured (I can post them up if anybody wishes to see them).
Obviously lay down in the road is not where these temporary signs are supposed to be. If people receive compensation for tripping over uneven flagstones surely I'm in with a shout?
I'd appeciate hearing from anybody who may have had this kind of thing happen to them or any of you BiB or legal eagles out there.
Cheers.
Bob.
I stopped and took a look to find that I had run over one of those little triangular roadworks signs that had been lay down half on the kerb and half in the road. I assume that as my front wheel had passed over it, the sign was propelled up and hit the door.
Upon examining the door I descovered this piece of road furniture had managed to leave a substantiial amount of marks and scratches, some fairly deep which will require more than just T-Cut to put right.
My question is, where do I stand at getting any sort of compensation from the council for this? Do I have any chance at all or it is just going to have to come out of my own pocket and be put down to experience?
I've taken the precaution of getting photos of the damage to the car and the road/position of the sign, where the damage occured (I can post them up if anybody wishes to see them).
Obviously lay down in the road is not where these temporary signs are supposed to be. If people receive compensation for tripping over uneven flagstones surely I'm in with a shout?
I'd appeciate hearing from anybody who may have had this kind of thing happen to them or any of you BiB or legal eagles out there.
Cheers.
Bob.
As far as I recall Council have an obligation to ensure signs are erected so that they do not cause danger and should have ballast to ensure they do not get blown over.( They cannot obviously cater for the scroat that takes a diverse please in knocking them over.)
Get an estimate for repair.
Then write to the Council pointing out that you hold them responsible and ask them to confirm that they will pay the cost of the repair when you put it hand or would they wish to elect a repairer of their own.
If they refused you have one of two options (1) Lump it or (2) Claim through small claims Court - very easy to do and if a bit fearful have words with C.A.B. and they will give guidance.
Playing devil's advocate they may come back to query why you did not see it in daylight or place the blame on a a firm they sub-contract signing out to as a lot of LA do.
Go for it.
DVD
Get an estimate for repair.
Then write to the Council pointing out that you hold them responsible and ask them to confirm that they will pay the cost of the repair when you put it hand or would they wish to elect a repairer of their own.
If they refused you have one of two options (1) Lump it or (2) Claim through small claims Court - very easy to do and if a bit fearful have words with C.A.B. and they will give guidance.
Playing devil's advocate they may come back to query why you did not see it in daylight or place the blame on a a firm they sub-contract signing out to as a lot of LA do.
Go for it.
DVD
[lentil munching mode]
IT WAS YOUR FAULT...probably a temporary traffic calming measure put in place by fastidious council workers..
Did it slow you down?
It did its job then , stop complaining ...it made the roads safer
[/lentil muching mode]
I hope you get some joy out of them but i have a feeling they will tell you that the fact that you drove over one of their signs suggests that you should have been looking more carefully...or some such shite...and deny any responsibility.
IT WAS YOUR FAULT...probably a temporary traffic calming measure put in place by fastidious council workers..
Did it slow you down?
It did its job then , stop complaining ...it made the roads safer
[/lentil muching mode]
I hope you get some joy out of them but i have a feeling they will tell you that the fact that you drove over one of their signs suggests that you should have been looking more carefully...or some such shite...and deny any responsibility.
When I first started driving I had to look out for two things:
1) Potential hazards
2) BiB
Road life was easy AND SAFER.
Now I have to look out for:
1) Potential Hazards
2) BiB (although to a much lesser extent now they've almost all gone
)
3) Gatsos/Talivans
4) My speed
5) Children not taught the Green Cross Code
6) Pot-holes that could rip the gear box from my car (now that I own a fast one)
And now
7) 'Stealth' road repair signs
So now there are so many more things that the motorist has to spend their time looking at, diverting essential eye-time away from the all important 'potenial hazard'. No wonder accidents are on the increase
1) Potential hazards
2) BiB
Road life was easy AND SAFER.
Now I have to look out for:
1) Potential Hazards
2) BiB (although to a much lesser extent now they've almost all gone
) 3) Gatsos/Talivans
4) My speed
5) Children not taught the Green Cross Code
6) Pot-holes that could rip the gear box from my car (now that I own a fast one)
And now
7) 'Stealth' road repair signs
So now there are so many more things that the motorist has to spend their time looking at, diverting essential eye-time away from the all important 'potenial hazard'. No wonder accidents are on the increase
Before drafting your letter have a look/read
www.tinyurl.com/fubm
Circular roads - advice from D of T to Local Authorities.
Of interest to you are Circulars 630, 630/1, 57/72 and 4/75. These give an insight into the "mind" of LA Highways on such matters.
Address your letter to:
The Clerk of the Council
(Highways Department)
................County Council
Wherever
Any problems in the address should be resolved as they will have a big entry in the Phone Book.
Be lucky
DVD
www.tinyurl.com/fubm
Circular roads - advice from D of T to Local Authorities.
Of interest to you are Circulars 630, 630/1, 57/72 and 4/75. These give an insight into the "mind" of LA Highways on such matters.
Address your letter to:
The Clerk of the Council
(Highways Department)
................County Council
Wherever
Any problems in the address should be resolved as they will have a big entry in the Phone Book.
Be lucky
DVD
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