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Claim from council for wheel damage
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I was driving home from work the other night and heard a loud bang from the back of my car. I eventually found a 6 inch iron bolt had punctured by tyre and smashed a hole through my wheel.
Can I claim from the council for this damage? It's not the kind of thing you expect to find along a main road and was lucky I had not been driving faster. A new wheel and tyre is going to cost me £320
Thanks for any help.
Can I claim from the council for this damage? It's not the kind of thing you expect to find along a main road and was lucky I had not been driving faster. A new wheel and tyre is going to cost me £320
Thanks for any help.
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Comments
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No, not unless you can prove without doubt that it is their fault that the bolt was deposited on the road and that they were negligent in knowingly not removing it. Your chance of doing that are zero sadly.
It's one of those once in a blue moon unfortunate accidents you have to take on the chin and swallow the bill. Sorry !0 -
I have known of people claiming due to pot holes. Unfortunately anyone could have left the bolt there. The damage looks rather scary, wouldn't expect it to put a hole in the wheel like that, lucky noone was hurt and hopefully no further damage caused anyway.
Try looking at a scrap yard or on ebay for a wheel, or even a full set. If you have a full size spare you could get away with using that.0 -
Fortunately I have a spare alloy but I just need to replace that now. I thought I might hear the answers above It is the council's responsibilty to provide a safe road. The bolt weighs nearly 200g and could have flicked out the wheel and killed someone. But yes, they can't really know what rubbish is in the road at all times I suppose. 0
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Tesco lost a case where they failed to clear yogurt from their isles, it may be worth a call to consumer direct or similar to see if they agree that the council should keep their roads clear in a similar vain.
But I do agree, it would probably be in vain0 -
I suppose if there was contractors working close-by and the bolt could be linked to them in some way then you could probably try going after them, only thing is evidence.0
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Ah, was wondering where I left that bolt.
And no, whoever maintains/owns the road has no responsibility0 -
No, not unless you can prove without doubt that it is their fault that the bolt was deposited on the road and that they were negligent in knowingly not removing it. Your chance of doing that are zero sadly.
It's one of those once in a blue moon unfortunate accidents you have to take on the chin and swallow the bill. Sorry !
This response is spot on with the legal viewpoint on the matter.
The Tesco case is different because a store is a much smaller area than a road network, and it would be reasonable for the store to be aware of the spillage and therefore clear it up.Gone ... or have I?0 -
Well they do have a responsibility, only it is a reasonable responsibility, not an unreasonable one.
If it is you have a spare alloy, I suggest a visit to the scrap yard to find a steel wheel or another alloy.0 -
Unfortunately my big brakes mean I can only use the alloys designed for my car which are quite rare or a choose from a few others. So can't really get a steel wheel. Will have to bite the bullet and hadn over the £320 to dealers.
Thanks for the advice people
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Fortunately I have a spare alloy but I just need to replace that now. I thought I might hear the answers above It is the council's responsibilty to provide a safe road. The bolt weighs nearly 200g and could have flicked out the wheel and killed someone. But yes, they can't really know what rubbish is in the road at all times I suppose.
No, really?0
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