Kerbstone Claim

RosiPossum

How did the weather affect how far onto the side you had to go? Cars can drive through slushy bits so if two can pass each other without hitting the kerbstone, surely it can't be that much of a hazard?

RosiPossum

http://www.instantstreetview.com/@50.916043,-1.208549,222.64h,-23.46p,1z

Is that the place?

kurbstone

when i click on that link it is back a bit 10 to 20 feet you can just see the second set of kerbstones on the left hand side if you go back too far you will see the first set of kerbstone funnels as shown previously in the arrorwed images in the thread

timbstoke

Are we nearly there yet?
https://www.google.co.uk/maps/@50.9161873,-1.2082953,3a,15y,215.01h,75.89t/data=!3m7!1e1!3m5!1soDtkrfHlVZyTXJR1ZuXUGA!2e0!5s20110501T000000!7i13312!8i6656

kurbstone

Yes that is the exact spot i hit the edge of the furthest corner stone away from the image showing.
this is the same ones that appear in instant street view from 2011 and google earth 2013 they were never ever repaired !!

wealdroam

kurbstone wrote: »

Yes that is the exact spot i hit the edge of the furthest corner stone away from the image showing.
this is the same ones that appear in instant street view from 2011 and google earth 2013 they were never ever repaired !!

But that gully isn't even on the road.
Those kerbstones do not protrude onto the tarmac.

I drove down that road about an hour ago looking for that gully and didn't see it - of course there are a few leaves around at the moment.

If you drove off the road without being able to see what you were going to drive over, then I feel that the risk is all yours.

Fosterdog

I think your downfall with a claim would be firstly it should be completely safe for you to reverse back a few yards to a passing point and secondly there are a number of these kerbs so you should have been more observant/more aware of where you were driving.

JimmyTheWig

I think that there are two different questions at play here.

The first question, which most on the thread are talking about, is whether the OP did the right thing or could have done it better.
It seems that the consensus is that the OP could have safely reversed to a passing point. Hopefully, if that's the case, then they'll learn from this.

The second question is whether the council are liable.
The council seem to be implying that they don't consider themselves liable as they didn't know about the problem. I believe, however frustrating for the OP, that this is a valid defence for them.
So it remains to determine whether they did know about the problem.
They say that they knew about the problem in 2014 but fixed it between then and the OP's accident - and have since re-fixed it. (Can you confirm, OP, that this is what they are saying?)
But the OP doesn't believe that they were fixed between 2014 and the accident. (Again, OP, do I have this right?)
Given the problems that we've had on this thread to identify exactly where on the road the issue was, there's a fair chance that the council are talking about a different part of the road.
Or it could be that the council worker was mistaken and the repair never happened.

Presumably the council will have some paperwork to show that the repair was done and (hopefully?) exactly where it was done? Will the OP be able to see this?

kurbstone

if you had read and followed the whole thread

if you drove down there an hour ago you would have noticed that the kerbstones are now repaired they have realigned the stones and made them safe

kurbstone

yes you are absolutely right there was confusion about the correct position, once they had realised this mistake they immediately repaired them