Damage to car from road condition - do I have a case?
Discussion
Hi all, suffered a double puncture yesterday. Single track minor road, middle of nowhere but quite busy with all sorts of traffic from horses and bikes to buses as its on the way to an attraction (Hadrians wall stuff).
There are vehicular passing places, however the many bikes and hikers just keep going regardless, especially if they are travelling uphill to keep their momentum going. If you encounter them midway its a bit of a squeeze. So many vehicles have edged onto the verge slightly its dipped away, leaving a sharp road edge.
I got caught out and ended up needed recovery with 2 flats. Do I have a case for a claim against the local authority for lack of maintenance? As far as I know the "carriageway" legally extends the full width of ownership, not just the road surface, so it should be in good repair, or will they just say its my fault for straying from the paving?
Its really annoying as the recovery firm actually knew where I was almost exactly as they have had so many similar calls. Could this be evidence?
There are vehicular passing places, however the many bikes and hikers just keep going regardless, especially if they are travelling uphill to keep their momentum going. If you encounter them midway its a bit of a squeeze. So many vehicles have edged onto the verge slightly its dipped away, leaving a sharp road edge.
I got caught out and ended up needed recovery with 2 flats. Do I have a case for a claim against the local authority for lack of maintenance? As far as I know the "carriageway" legally extends the full width of ownership, not just the road surface, so it should be in good repair, or will they just say its my fault for straying from the paving?
Its really annoying as the recovery firm actually knew where I was almost exactly as they have had so many similar calls. Could this be evidence?
Cheers
Ziplobb said:
you have not said how you know that the highway you are on has caused the punctures ? are there splits in your sidewalls from the sharp edge ? pictures of the tyres would be useful here
The wheels slid down the side of the road into the depression in the top pic tearing the inner sidewalls on the exposed aggregates and deflating them instantly. The car is pictured only a few metres downhill from the top pic.5 month old tyres sadly!
I really don't know how it wasn't particularly visible from the direction of travel, but it wasn't. I can certianly appreciate the argument about staying on the pavement, and normally I'm srupulous about this as I'm paranoid about scraping alloys!
However as you can see in the first pic if there is a cyclist or hiker on this road it is impassable if all parties stay on the pavement. Short of appearing on some cyclists Youtube headcam rant about being forced off the road there is little choice for a vehicle to use the (trimmed and otherwise maintained) verge.
Should the verges not be part of the maintenance regime? Iif there was some precipitous drop or other hazard there would be barriers etc.
Its sounds like I'm buggered then, but thanks for the replies.
I really don't know how it wasn't particularly visible from the direction of travel, but it wasn't. I can certianly appreciate the argument about staying on the pavement, and normally I'm srupulous about this as I'm paranoid about scraping alloys!
However as you can see in the first pic if there is a cyclist or hiker on this road it is impassable if all parties stay on the pavement. Short of appearing on some cyclists Youtube headcam rant about being forced off the road there is little choice for a vehicle to use the (trimmed and otherwise maintained) verge.
Should the verges not be part of the maintenance regime? Iif there was some precipitous drop or other hazard there would be barriers etc.
Its sounds like I'm buggered then, but thanks for the replies.
Not a cyclist myself yellowjack but try to be more respectful than most drivers I see. From memory it was a cyclist I was avoiding and when I say that it wasn't any kind of panic/evasive manouvre. In the first picture at the top I was travelling towards the camera and you can see you come around a corner unsighted. I think the cyclist was already just past the passing place, so it was either move around or reverse. The dip looks obvious from the direction of the picture and standing, but I didn't notice it particularly the other way from the drivers seat..
Its the first time I've been to that location, and I thought I was being cautious, but obviously not cautious enough.
Its clear its my fault now, taking it on the chin.
Its the first time I've been to that location, and I thought I was being cautious, but obviously not cautious enough.
Its clear its my fault now, taking it on the chin.
SantaBarbara said:
Loose Cannon,
Please explain what caused the first puncture, was it a nail or a screw?
2 punctures simultaneously; front wheel dropped off the road into sunken verge, rear wheel followed, both inner sidewalls punctured by sharp protrusions, bang bang, slither to a halt!Please explain what caused the first puncture, was it a nail or a screw?
Pica-Pica said:
What size tyres, incidentally?
205/50/16 Goodyears, so good quality and not rubber bands, but it never ceases to amaze me how thin sidewalls are on modern tyres, more like cycle inner tubes (OK with some reinforcement!). My daughter is learning to drive ATM, barely brushed a kerb at walking speed when manouvring and lost a brand new Pirelli.The most annoying thing personally is that for years I have had piles of spare wheels and tyres for just such a "what if" situation, but thought I'd turn over a new leaf and have a tidy out. A quick call home to the missus to sling a pair in the boot with a trolley jack and could have saved £150. A salutory lesson to her that men should never, ever have to tidy the garage......
Edited by Loose_Cannon on Monday 11th September 16:27
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