Kerbstone Claim

kurbstone

The previous inspections had reported misaligned kerbstones to be repaired and made safe almost a year before i had my accident.

They say they had previously been repaired and that within ten months since my encounter the weather could have made the issue re-occur.

when they do a drive by ad hoc inspection part of their routinely iinspections they were already aware of the misaligned kerbstones and in November last year when the flooding was reported the drains were cleared and the misaligned kerbstones were overlooked as they were under a foot of water at the time but previously supposedly repaired prior to that .

BigBopper

kurbstone wrote: »

Yes there are passing points along the road at this particular spot in the road there was no other choice than to pass slightly to the left of each other!!..
niether driver at this point would have chosen at this point to back up or reverse 25 yards back to a passing point especially on a narrow bendy road two cars pass each other all day everyday on this road using the side of the muddy verges with usually no problems its just at this particular spot in the road there is a funnel gully drainage sysytem with kerbstones protruding onto the tarmaced part of the road!!! tractors that frequent this road often would easily just ride over the protrusions.

You do realise that driving onto the grass verge and damaging the grass (turning it into mud) is technically an accident in itself.
If so many are doing it the this would further negate any negligence of the council. I think it's time for you to move on.
Either swallow the cost yourself or put it back into the hands of your insurance, whom you did inform of the incident at the time.

Hintza

BigBopper wrote: »

If you read up and find out what a road is you may wish to reconsider that comment.

Don't see why the OP went off the road.

LilElvis

kurbstone wrote: »

Yes there are passing points along the road at this particular spot in the road there was no other choice than to pass slightly to the left of each other!!..
niether driver at this point would have chosen at this point to back up or reverse 25 yards back to a passing point especially on a narrow bendy road two cars pass each other all day everyday on this road using the side of the muddy verges with usually no problems its just at this particular spot in the road there is a funnel gully drainage sysytem with kerbstones protruding onto the tarmaced part of the road!!! tractors that frequent this road often would easily just ride over the protrusions.

Perhaps it's vehicles and tractors taking to the verge which keep causing damage to the drainage system?

wealdroam

kurbstone wrote: »

...its just at this particular spot in the road there is a funnel gully drainage sysytem with kerbstones protruding onto the tarmaced part of the road!!! tractors that frequent this road often would easily just ride over the protrusions.

I would suggest that when the 'funnel gully' was installed it was installed at the edge of the road.

As you say, other traffic has chosen to drive over the verge - probably to such an extent that the concrete gully is not at the edge of what is now considered 'the road'.

Wherever this concrete item is really makes no difference.
The simple point is that you chose to drive over it and your car suffered as a direct consequence.

There is no claim here - other than possibly with your own insurance company.

pinkshoes

Ultimately, passing points are provided, so instead of one of you carefully reversing, you chose to go 'off road' where your damaged your car.

Chalk it up to experience and move on, as you will not win a claim.

It would have had to have been a VERY tight bend if neither saw each other coming and you met at this point. Is there a google map image of the point, as it is hard to picture such a scenario where reversing is not an option.

(I often travel down a single track road with passing points)

I have a slightly lowered car and will NOT go up onto grass verges for this very reason.

kurbstone

Thank you i have found an old virtual tour of the road from 2011 in instant streetview showing the kerbstones as they were back then with no repairs and again in Google Earth Pro from 2013

latitude 50°54'58.00"N Longtitude 1°12'30.16"W

if you look at the spot and the road you can see the green verge and the difference in the worn away tarmac road it is this very piece of worn away tarmac road where the kerbstones are their are two funnell gullies on the left hand side just down from the care home entrance

LABMAN

If neither of you felt you could reverse 25 yards safely perhaps you should think about not driving again until you can manage such a basic thing. If you can drive down the road you should be able to reverse back 25 yards with a bit of care.

System

kurbstone wrote: »

Thank you i have found an old virtual tour of the road from 2011 in instant streetview showing the kerbstones as they were back then with no repairs and again in Google Earth Pro from 2013

latitude 50°54'58.00"N Longtitude 1°12'30.16"W

if you look at the spot and the road you can see the green verge and the difference in the worn away tarmac road it is this very piece of worn away tarmac road where the kerbstones are their are two funnell gullies on the left hand side just down from the care home entrance

https://www.google.co.uk/maps/place/50%C2%B054%2758.0%22N+1%C2%B012%2730.2%22W/@50.9135499,-1.2147312,14z/data=!4m2!3m1!1s0x0:0x0

System

on such a tight narrow lane it was not safe to reverse up and search for a layby, this would be hazardous for both vehicles, so the squeezing by is often done this way.

If it is too narrow to reverse safely then as sure as eggs is eggs 2 vehicles are not going to squeeze past each other unless half of each vehicle is on the verge. Based on the Google streetview of the co-ordinates you give then that looks an impossibility.

I therefore refer you to Labman's comment