Nail in tyre from Builder / Developer

DE_612183

Not sure whether this should be here or consumer rights, but last week I drove over something in the road and my tyre made a "bang" sound, I then found out I'd driven over a piece of metal in the road.

the road itself is part of an access to a developer site - I presume the meal fell off one of the many lorries / fork lifts etc that go up and down this stretch of road - the site of the incident is about 5 metres from their gate so it's a good chance it's come from them.

I emailed the developer, but they have said:

We are sorry to read you have damaged your tyre, I regret we do not compensate for vehicle or tyre damage like this as it is difficult to prove the origin of the cause of damage and whether driver awareness contributed in any way.

It's cost me abou £70 and I'm a bit annoyed but not sure if there is anything I can do - anyone else had any joy from this situation - developer by the way is Bellway.

forgotmyname

Unless you have proof who put it there or dropped it then any claim will likely fail.

Bradden

It could have been anyone driving down the road.. even if it was a delivery for the construction it's hard to see how they are liable. Annoying but these things happen.

comeandgo

You “ presume”, “ there is a chance”…. You have no proof,   Was that £70 for repair or new tyre.  If new tyre you would only be recompensed for value of second hand tyre not get a new one.  

Ebe_Scrooge

It's annoying, but it's a fact of motoring life I'm afraid.  For a successful claim, not only would you have to prove who dropped the piece of metal, but also negligence on the part of whoever dropped it there.  Almost impossible to prove either of these things.

My son works as a delivery driver, and most of his round is on very rural roads and farm tracks.  He's forever getting punctures - bloomin' annoying as it's his own car, so he has to pay for any repairs himself.  But it's just part and parcel of the joys of motoring :-(

user1977

DE_612183 said:

as it is difficult to prove the origin of the cause of damage and whether driver awareness contributed in any way.

Sounds fair comment to me.

DanDare999

user1977 said:

DE_612183 said:

as it is difficult to prove the origin of the cause of damage and whether driver awareness contributed in any way.

Sounds fair comment to me.

Although awareness isn't necessary. 

Flight3287462

This is called Murphy's Law.  (S..t happens!)