Manhole cover, not pot hole 25 January at 11:24PM in Motoring 9 replies 330 views

Goz

Hi
I will try to keep it brief.
I hit a Sever Trent Water Authority metal manhole which was over 40mm dead and it ruptured the sidewall of my low profile tyre, and so as it was immediately dangerous I had to have a new one.
I approached the local authorities and they said the drain cover belonged to STWA.
I have sent several emails and had several correspondence with STWA who have said I need to contact my car insurance and they are not paying for my damaged tyre of £100 cost.
I have done everything adviced on MSE, took photographs, taped measurements with photographic proof and kept all correspondence.
I dont know which way to go now.
I have been in touch with Citizens Advice, they say I can't take a company to small claims court.
ANY FURTHER ADVICE?
I am frustrated and am now thinking of giving up after nearly 8 months of correspondence 

Grey_Critic

Send the an Invoice stating it must be settled withing x numbe of days.

Then follow it up with a letter stating unless settled within X days you will take them to court and then do so.

You can take them to court for an outstanding invoice .

binao

Request the name of their insurers. Follow  up with invoice/claim.

SiliconChip

Of course you can take a company to small claims court, I did and won.

https://www.moneysavingexpert.com/reclaim/small-claims-court/

Goz

Grey_Critic said:

Send the an Invoice stating it must be settled withing x numbe of days.

Then follow it up with a letter stating unless settled within X days you will take them to court and then do so.

You can take them to court for an outstanding invoice .

I have given them a copy of the invoice, I have told them I WILL take legal action and I am not going away.
They just keep saying go back to my insurer.
I am now looking at what my next move should be.
Thanks

Goz

binao said:

Request the name of their insurers. Follow  up with invoice/claim.

I have been in touch with their complaints department and their customer service department. 
Both have said the same thing, go back to my insurers and out a claim in.
My excess is £200, if I put a claim in I have to pay the first 200, it doesn't become viable to do this, plus my claim goes on my records.
I wonder if anybody else has had a similar problem.
These companies can't keep getting away with it.

Keep_pedalling

Goz said:

binao said:

Request the name of their insurers. Follow  up with invoice/claim.

I have been in touch with their complaints department and their customer service department. 
Both have said the same thing, go back to my insurers and out a claim in.
My excess is £200, if I put a claim in I have to pay the first 200, it doesn't become viable to do this, plus my claim goes on my records.
I wonder if anybody else has had a similar problem.
These companies can't keep getting away with it.

Just because the cover is owned by STW does not necessarily mean they are the people to chase, the cover still forms part of the highway surface so responsibility for its state probable falls on the highway authority rather than the water company unless the HA had reported an issue to the WC and they had failed to fix it or put temporary measures in place.

Whoever is responsible for inspection and maintenance is still not automatically responsible for the damage to your tyre. If they had not previously been made aware of the state of the manhole since it was last inspected and that inspections had been performed at reasonable intervals then there they have a get out in that they have taken care to maintain a safe road surface. 

https://www.exchangechambers.co.uk/chris-richards-claims-involving-defective-manhole-covers/

DullGreyGuy

binao said:

Request the name of their insurers. Follow  up with invoice/claim.

They'd be under no obligations to answer the question; Public Liability insurance is there to protect their balance sheet and is their decision if they envoke it or not. (Unlike Motor or Employers Liability)

Goz said:

These companies can't keep getting away with it.

Then follow the advice already given and take them to court. 

Grey_Critic

Gas - Water and Electricity works are governed by the New Roads and Street Works Act 1991so yes they can be held reponsible - usually the Local Authority monitor these things and inform the relevant company if there is a problem with such things. The company then has 28 days to rectify otherwise the council can do the work and charge them,

Ectophile

I am frustrated and am now thinking of giving up after nearly 8 months of correspondence

That's their plan.  Every time they stonewall someone until the complainant gives up, they save some money that they can give to their shareholders.