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Pot Hole damage
Comments
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Please explain how "slowing down" causes damage to your car.
I'm very happy for you. FWIW, that link was purely one that explains the process that applies to all local authorities, and not some piece of (let's be honest, hardly a million miles out) psychic geolocation.
Read my explanation of the weather conditions and road type, speed was not a factor in the damage caused.
Is that to say if it's raining you should stay at 10mph in 1st gear just incase there's a hole in the road?0 -
foxy-stoat wrote: »Yes, problem with your logic is that in the Law's eyes, you can only be held liable if you are negligent, just because its their road which you have to pay to use, you still drove into the hole, which you could of avoided.
If anything you where negligent in driving into a hole 110mm deep, 500mm wide and 1000mm long which happened to be full of water when it was raining.
I think it may pay for you to actually read the post /posts......
Number one I wasn't driving, secondly as you mentioned it was full of water as it was raining, so how was she to know it was even there?0 -
Surely also the council claim to not know of the hole?
Yet they were repairing the road either side of it......
I've asked for the road repair and inspection history which should prove the dates they were working on the road, the council operatives on site who would have had to pass over/through the hole to get to the other repair site should have a DOC to report it themselves.0 -
Just because you can do 30mph doesn't mean that was the correct speed for the conditions.We drive this road almost daily as we have livestock at the other end of it, you cannot do more than about 30mph for the entire length of that stretch which is about 2miles long, so I'm pretty confident in saying speed wasn't a factor in the damage.
You say the "crater" (your words) couldn't be seen because of the rain, then clearly your OH's speed WAS an issue. Had they been a bit more cautious then they may have seen and avoided the obvious puddle and hole and even if they hadn't it would have least limited or negated the damage.0 -
By the fact that it was a big hole full of water. If you see a big puddle in the middle of the road then common sense would dictate you either avoid it or drive it through with caution. Again appropriate speed for the conditions is the key.secondly as you mentioned it was full of water as it was raining, so how was she to know it was even there?0 -
If you drive it almost daily how come you didn't know about the pothole and therefore easily avoid it?We drive this road almost daily as we have livestock at the other end of it, you cannot do more than about 30mph for the entire length of that stretch which is about 2miles long, so I'm pretty confident in saying speed wasn't a factor in the damage.0 -
Read my explanation of the weather conditions and road type, speed was not a factor in the damage caused.
If you'd driven through that pothole at walking speed, would the damage have occurred?Is that to say if it's raining you should stay at 10mph in 1st gear just incase there's a hole in the road?
How far does it take for you to slow your car from 30mph to 10mph?
30mph is just under 14 metres per second - so the absolute bare minimum eyesight standard for driving is the ability to read a number plate from a second and a half away. Yet, apparently, this metre long, half-metre wide bit of road surface wasn't visible from sufficient distance to slow down or go around it.0 -
Which means if I pay council tax I pay to use the road..... Therefore I pay to use the road.
And again no you don't. You pay for road maintenance, not to use the road. Students who are council tax exempt may have cars and can use the road.
Suing the council because your partner hit a large pothole at speed takes money out of their funds to repair roads either directly or indirectly, as above, read the MSE guide, if the council was aware of the hole and didn't fix it in time, you claim, if not, you suck it upSam Vimes' Boots Theory of Socioeconomic Unfairness:
People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.
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So, on what date did you report this creater?We drive this road almost daily as we have livestock at the other end of it, you cannot do more than about 30mph for the entire length of that stretch which is about 2miles long, so I'm pretty confident in saying speed wasn't a factor in the damage.0
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