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Pot Hole Claim!!

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  • Stonk
    Stonk Posts: 937 Forumite
    Crabman wrote: »
    When dealing with alleged negligence the Claimant has the right to be placed in the position that he/she would have been in had the alleged negligence not occurred.

    In the event an identical alloy can not be sourced, it is simply not reasonable to expect someone to drive around with an 'odd one out' alloy. Thus the claimed cost would be for a matching set of equal quality to the originals.

    Fair enough: nobody expects the OP to have a non-matching alloy. But the claimant should make some effort to source a single matching alloy (which maybe he did, or maybe he didn't). While a claimant should be restituted to his original situation, there is also an onus on the claimant to take reasonable steps to minimise the claim.

    If, for instance, he just went to one car dealership and asked to have one wheel and they said they can only supply four, then I don't think that's enough effort.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Crabman wrote: »
    When dealing with alleged negligence the Claimant has the right to be placed in the position that he/she would have been in had the alleged negligence not occurred.

    In the event an identical alloy can not be sourced, it is simply not reasonable to expect someone to drive around with an 'odd one out' alloy. Thus the claimed cost would be for a matching set of equal quality to the originals.
    Who said anything about buying an odd alloy.
  • Keith
    Keith Posts: 2,924 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    What rare wheels they must be...

    £350 is cheap anyway for 4 decent alloys
  • Paranoid
    Paranoid Posts: 149 Forumite
    Benno1983 wrote: »
    I'm looking for £450 returned. I needed four new alloy wheels as you couldn't just buy one (£350), new tyre (£50) and tracking.

    I needed some bits for my car, looked on Ebay and found someone breaking an identical model. Purchased items which were in first class condition and at a fraction of manufacturers cost.
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