Damaged tyre - your opinions please

[tonyvid]

Hi all, I had a punctured tyre after clipping the protective kerbing around a filling pump and I think the filling station is more at fault then me...let me explain.

I drove alongside this pump and got it too tight as the hoses were on the wrong side for my filler and I rubbed along the kerb



The corner of the stainless kerbing has been squashed at some point and is now razor sharp



It ripped the sidewall of my rather nice Goodyear



When I went into the kiosk the cashier said "that happens quite often at that pump"!!!. The Rapid Fit tyre depot right next door also said "that happens regularly up there, we've changed plenty"!!!

Now, I'm a great believer in you look after yourself but this seems a failure on their part - terrible design in the first place and poor maintenance in the second. Why they notch the centre out then frame the whole thing in jointed stainless is dumb and I've not seen another like it.

Ok, I'm a muppet for running along it in the first place but I do think the kerbs should be there to protect the pumps and not to immobilise any car that gets too close - this is another pump at the same station(rubbish picture!)



I was on hols at the time and the filling station is at Cardigan. What I should have done, in hindsight, is gone to see customer services straight away but my bigger concern was getting the right tyre to get home the next day. I emailed Customer Services with all the details when I got home...they rang saying pop into Cardigan(even though I mentioned it was 250miles away!) Blah blah, after 2 trips to my local Extra store and another email and phone call I get a letter that basically says

"the accident was caused by your car hitting a stationary object, we can't be held responsible as you were in control of the car"

What are your views? Press on at them or just take it on the chin?


By the way, their Customer Services people seemed to get every piece of info wrong even though it was reported with the correct details through their own system and they had all the info twice with the pictures/times/places.


If any PHers are in the Cardigan area, could you have a look at the big superstore next to the the A487/Gwbert traffic lights and see whether they have done anything about pump 7 please - "Every little Helps"

Edited by tonyvid on Thursday 30th June 18:07

[ADEuk]

tonyvid said:

I drove in to this pump and got it too tight as the hoses were on the wrong side for my filler and I rubbed along the kerb

There's you're answer. Why assume a kerb is smooth?

[Monty Python]

I'm afraid they're probably right - it's not their fault you caught your tyre on the edge of the raised bit around the pump, no matter how sharp it is. They'll simply argue that you were in control of the car and therefore should have been aware of where the edge was and if it was that tight, you should have waited and used another pump that was more accessible.

[tonyvid]

I hear what you're saying....

[joebongo]

They have a duty of care though and if this is a problem they have let occur then they aren't being reasonable etc.

[tonyvid]

joebongo said:

They have a duty of care though and if this is a problem they have let occur then they aren't being reasonable etc.

And that is my argument - even their own staff says it happens often at that pump!

[Soovy]

You were driving. Your fault, I'm afraid.

[ADEuk]

joebongo said:

They have a duty of care though and if this is a problem they have let occur then they aren't being reasonable etc.

The duty of care was provided by a large kerb, preventing driving into the pump and causing an explosion

[onesickpuppy]

I'm with the OP on this one. By admitting that it has happened plenty of times before they are basically (IMO) admitting negligence.

Sure, the OP shouldn't have hit it in the first place but if I were in the same situation I would definitely fight it.

OP, where are the pics?

[RRS_Staffs]

I share the pain however as has been said you were at the wheel even if they dont seem to give a toss

If it helps I havent set foot in a Tesco since 2005 for a similarly irritating adventure

Cheers

[tonyvid]

onesickpuppy said:

OP, where are the pics?

The PH photo hoster is dead right now - as soon as it comes back on I'll post them up, it does make things a little more clear!

[Soovy]

onesickpuppy said:

I'm with the OP on this one. By admitting that it has happened plenty of times before they are basically (IMO) admitting negligence.

Sure, the OP shouldn't have hit it in the first place but if I were in the same situation I would definitely fight it.

OP, where are the pics?

Dream on.

He hit a kerb and wercked a tyre. Sorry but that's his fault. The kerbs are there to stop people who can't drive hitting petrol pumps.

[tonyvid]

Soovy said:

Dream on.

He hit a kerb and wercked a tyre. Sorry but that's his fault. The kerbs are there to stop people who can't drive hitting petrol pumps.

errrr

As Soovy is our PH Beagle I think I'm stuffed. Specsavers then...

[Taita]

You can't wheel out duty of care tO cover your own fkwittery.

[andy43]

Go back and catch your ankle on the razor sharp stainless edging
http://www.claimsdirect.co.uk
Job done.

[Beyond Rational]

What if that kerb had instead been a child who was innocently lapping away at the puddles of spilt petrol?

[anonymous-user]

I once, when young, acted for a bloke who insisted on suing a ferry company after he smacked his car on a bollard on deck. I told him he had no case. The other side said he had no case. Then a Judge said he had no case, and he got a five figure bill to pay for both sides' lawyers. Then he self published a pamphlet saying me and my instructing solicitor had cocked up the case. Then he got another legal bill from some libel lawyers and had to pay damages to a charity which we nominated. Moral: don't bump into stuff and try to blame others. There are some places on the internet which sell Goodyear tyres, I hear.

[Soovy]

tonyvid said:

errrr

As Soovy is our PH Beagle I think I'm stuffed. Specsavers then...

Sorry dude, didn't mean to be that rude!!



But sorry, you drove into it.

[Soovy]

Breadvan73 said:

I once, when young, acted for a bloke who insisted on suing a ferry company after he smacked his car on a bollard on deck. I told him he had no case. The other side said he had no case. Then a Judge said he had no case, and he got a five figure bill to pay for both sides' lawyers. Then he self published a pamphlet saying me and my instructing solicitor had cocked up the case. Then he got another legal bill from some libel lawyers and had to pay damages to a charity which we nominated. Moral: don't bump into stuff and try to blame others. There are some places on the internet which sell Goodyear tyres, I hear.

My learned friend Mr Van has it.

Moral part 2 - Don't ever fk with a barrister.

[chris1roll]

I can see it from both sides - the OP hit a stationary object, his fault, fine.

But, we see loads of posts on here about claiming for damage from potholes or in one case a damaged kerb at the side of the road (car was a porker IIRC, anyone else remember it?)
Potholes are pretty stationary aren't they, as are kerbstones.
So why the difference in the consensus of opinion from those threads to this one?



(For the record I demolished a wheel on a pothole a good few years back. I sucked it up, bought myself a new wheel and tyre and got on with life)


Edit: Found the thread.
http://www.pistonheads.com/xforums/topic.asp?h=0&a... here the opinion seemed to be the kerb should have been maintained so as not to be likely to cause such damage.

Edited by chris1roll on Thursday 30th June 18:09