Damage from road

[onedsla]

The following raised man hole:



Caused the following damage to my car (an estimated £300):




What do you think my chances are for getting the damage paid for? The road is run by the company who are building the nearby houses. The residents say that it has been in this state since Oct last year - they promised to fix it in Nov.

[Kurgis]

Your date and time on your digi-cam are still set to 2000 - They may try and cause a problem over that, but write to them with a copy of the photos, a statement etc.

Hmm just a thought but if they're responsible for that section of highway, aren't they leagally bound to ensure decent conditions? i.e. They're breaking a law somewhere? Any plod or lawyers can clarify that?

[puggit]

Lucky you missed the T610!!!

(and the T610 proves it wasn't taken in 2000 )

[Kurgis]

Was just thinking about the slippery lawyer types and what they'll try to get away with

[onedsla]

Yeah - I'd cut that date bit out of the photo before printing! The road is still in this state now so I couldn't see them trying to get out of it this way - statements from about 10 or so residents would probably also back up my case.

[t-c]

Since December 1st 2003, there has been a statutory duty placed on local authorities and all those connected with Highway Maintanance to ensure as far as is reasonably practicable that the roads are kept clear of any ice, snow or other hazard likely to cause danger to property or persons.

However, much of it depends on the inspection periods, and what faults were found at inspection times, how they were remedied, in other words you would need to obtain a schedule of inspection, and then use that along with your photographic evidence to make your case.

[stackmonkey]

Buy a fun analogue camera and take a picture with that in case they claim you've altered digital pics. Make sure you keep the receipt, and possibly make the picture after the manhole one a pic of the same day's newspaper? also use a ruler next to the cover?

[Mrs Fish]

James here:

If its a new estate the road will be subject to a section 38 agreement with the council and there will be a period of time in which the developer will need to complete the road in. That aside the developer underwrites any claim against the council. SO you might as well contact the developer direct. The road is probebly not adopted yet. Hights of raised manholes are also a bit of a grey area as to how higfh they can be.