Protruding Kerb stone damage to car!

paragp

Aylesbury_Duck wrote: »

The picture is fine then. Even a 2-inch protrusion is small.

I don't think you're going to get anywhere, for three reasons:

1. It seems you reported it before the incident where you damaged your car on it, if I understand your chronology correctly. Even if you didn't report it beforehand you've admitted you knew of it "months before" yet still chose to park there.
2. I think it's reasonable that the council deemed it a low-priority repair and therefore that not fixing it in a few months is fine.
3. To cause damage to the extent where you needed a new tyre and the wheel is damaged there must be some contributory negligence there. Parking is usually a low-speed manoeuvre and we've all had to try again or straighten up when we've heard and felt our tyre meet the kerb. I can only think that you gave the kerb quite a clout to be able to cause the damage you've described.

Not what you want to hear I'm sure, but that's my assessment of it.

I chose to park that because that’s right outside my house, seems only normal to want to park there.

In terms of the council deeming it to be low priority, that might be so but that is what I wanted to find out, what is deemed an actionable defect...

It wasn’t the speed of the car that caused the damage, more the fact the the protruding edge of the kerb was chipped and pointy and hence the tyre got slashed.

Thank you

paragp

chrisw wrote: »

You reported it twice so you were well aware of it but still hit it???

I was aware of it yes, and yes I do try try and avoid it but in this instance obviously misjudged then the distance to the kerb, had it not been protruding like it is, then the damage would not have been that serious

Aylesbury_Duck

You're going to need to write to the council to ask them for their definition of 'actionable defect'. I suspect they have a risk-assessment approach to it and this will be somewhere pretty low on the (likelihood x severity) scale, both likelihood of damage and severity of damage being low. The trouble is that with council funds being tight, I suspect this would never get near the top of the list because more problematic things will occur that will jump the queue.

It being outside your house has no relevance - if you've reported it before and subsequently driven into it that will still be considered contributory negligence.

DoaM

I'm getting a tremendous feeling of deja vu reading this thread. It sounds almost identical to another story posted earlier this year.

AdrianC

At a rough estimate, I reckon that protrusion is about 1/30th of the depth of the kerbstone, so if that's ~40mm, then the kerbstone must be about 1.2m deep, and the alloys on your car must be about 5.5m diameter...

Scaling back from what I guess are 18" alloys, and allowing a bit of foreshortening, then 20mm protrusion is more in the ball park, isn't it?


But let's consider what we know.


This is right outside your house. You park there every day.
You had already reported it to the council, but "they don't have a record" (do you?)
Even then, it's flagged (correctly) as a low repair priority.


So...
You miscalculated parking, scraped your wheel, and it's not your fault. Right?

Head_The_Ball

paragp wrote: »

Hopefully someone can help here.

Does your local driving school offer parking lessons?

shaun_from_Africa

AdrianC wrote: »

You miscalculated parking, scraped your wheel, and it's not your fault. Right?

And not for the first time.
The front left tyre is flat from the damage and there are at least three different scrapes on the left rear wheel.

AdrianC

shaun_from_Africa wrote: »

And not for the first time.
The front left tyre is flat from the damage and there are at least three different scrapes on the left rear wheel.

...blingrims...

General_Applause

paragp wrote: »

It wasn’t the speed of the car that caused the damage, more the fact the the protruding edge of the kerb was chipped and pointy and hence the tyre got slashed.

Thank you

If your tyre was slashed by that kerb, the tyre must have been sub-standard anyway.


Just imagine if you had run over an old bottle top, or worse, a carelessly discarded ring-pull from a Coke can.

System

No chance of making a claim against that and as has been pointed out, from the picture you seem to have a history of rubbing your wheel up against the kerb. Also in the picture you've shown it is perfectly possible to park your car in a good position without the need to touch that bit of the kerb.

Driver error.