Can I claim for car damage??

LisaM1981

Hi all, 2 months ago we moved into a new house on a new build estate. The roads have not yet been completed so are very bumpy with lots of potholes and raised man holes and are generally very uneven and unpleasant to drive on. I had my car MOT'd and serviced 1 months before we moved in, but since moving we have had to have a new tyre after one went flat (new tyre at service, with no obvious puncture or reason for it going flat) and today I have had to get both rear shock absorbers replaced as they cracked and leaked all their oil out. Even the garage thinks it is due to the roads on the estate so I was wondering if I had grounds to make a claim for the cost of the works I have had to have done? I can provide evidence of my recent service and MOT and have receipts of the work. I am guessing it will be the responsibility of the developers rather than the local council so I am going to go have a word with them tomorrow with my complaining head on. Any advice would be appreciated as I can see them trying to pass the book. Thanks in advance :-)

wealdroam

Despite the obvious defects, you still chose to drive down the road?

LisaM1981

No choice if I want to get the car off the estate!! Its my street and the neighbouring ones. If I had an alternative I would use it but sadly I don't!

Prothet_of_Doom

They will say that it's obvious the roads are rubbish as that is the last thing they do, and if you'd driven slower then no damage would have occurred.

CynicalScotsman

Did they not give you the whole sign off document and handover when they advise you that the access roads are really only there for them to access the site and shouldn't be used until they are fully tarmac'd?

Bellway certainly done that with us a few years back.

LisaM1981

They certainly didn't say anything like that to us but that doesn't mean we don't have some paperwork somewhere abstaining them from responsibility. As I said though, we don't have a choice if we want to go anywhere in the car, we have to use these roads to get from our house to anywhere. I'm gonna go have a word with them tomorrow and see where we stand.

bris

Is there any more complaints, if it's just you the forget it, if there are a few of you then get together and try your luck.

liam8282

If I was the developer I would be asking you to prove it was those roads that did so much damage to your car.

If it is only access to/from your house, what is that, less than 0.5 mile a day? You know the roads are not in great condition, so should be driving carefully and slowly.

A tyre could get a puncture any where.

Suspension damaged like you describe, would no doubt take some serious punishment to the car to cause.

Are you sure that all of these faults were genuine and it wasn't the garage trying it on?

LisaM1981

I dont know about neighbours but will ask around. Obviously we haven't been speeding round at 80mph and it could be a coincidence that all this has happened however as it was serviced a month before we moved we would have thought the shock absorbers would have been picked up on or at least notified that they were looking worn. I know the tyre can go anytime but when we took it to see if it could be repaired they couldn't find an obvious puncture (I was looking on) and with the shocks (a week later), they showed me the damage with the car on the ramp. I doubt the garage is trying to fleece me as its an old family friend. Im not confident of being able to put in a claim, just asking as it seems strange that this happens now, but it could all be a coincidence, an expensive one!!

Buzby

It certainly was a contributory factor - but since you cannot claim the roads elsewhere are potholes-free, your damage claim unfairly penalises the developer for damage you cannot deny may have been caused elsewhere on the road network!

I'd be pushing them to complete the task of having an acceptable road surface so the council can adopt tem after 12 months. If they don't you will be forced to pay your proportion of maintenance as a legal responsibility. Better check those purchase documents!

LisaM1981

Thanks for the tip. We actually had a letter through this afternoon saying they were starting on the road next week so it is happening, albeit slowly! Once ours is done hopefully the neighbouring ones will be too asap!