Advice on County Council Highways

lukey1965

lukey1965

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Paul
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Evening all !!

Wondering if any of you fine folk have any experience of dealing with County Council Highways Depts, in particular with trying to claim compo for damage sustained.

I was recently driving along a road in my town, at night, in the rain. I was approaching a point where a Mercedes type van was parked on the opposite side of the road. Generally along this stretch of road, a vehicle coming the other way will give way at parked vehicles but, on this occasion, the car coming towards me decided there was room for both of us at the same time next to the aforementioned parked white van.

I moved in close to the kerb to carry on my way when there was a f*****g big bang that made me jump. I stopped, checked the car, and saw that a portion of kerbstone, approx 4' long, had been disturbed by tree roots and pushed approx 4 inches in to the road. This was what I clipped with my front nearside wheel making a bit of a mess of it.

I completed a claim form and then received a letter saying the matter had been passed to the Highways solicitor.

Surprise, surprise, they say the Highways had only recently (sept 2015) carried out their lawfully required inspection of that area, and an inspector had been to the location of my incident (i supplied the exact location via the house number behind the kerb in question) and could NOT see anything wrong !!

I have been along this road and found there are currently 21 instances of kerbs broken/cracked/pushed into the road by tree roots. A friend living on this road has heard a number of incidents where vehicles have hit these protruding kerbs. Of the 21 broken kerbs, 14 have clear signs of scrapes from vehicle wheels but the Highways/solicitor say there have been NO reported incidents/complaints from joe public.

I have told them I cannot seek legal advice (which they know) but have threatened local press/media exposure for what it is worth.

The Highways dept. do have a reputation locally for using many varied excuses for getting away with paying for vehicle damage.

I consider myself a reasonable driver and, prior to meeting the damaged kerb, was driving closely but safely to the kerb to facilitate passing the oncoming car. I would not have sustained any damage if the kerb was not sticking out into the road so feel the Highways dept should be responsible for repairing my wheel. I would seriously consider saying they are lying about inspecting this stretch of road in Sept as the colour and condition of the kerbing in this area would indicate this has been happening gradually over a period of time.

Any advice/experience of what I do next would be most welcome.

Thanks in advance, Paul
 
I would have thought a few photographs of the kerb in question along with a ruler next to it, should prove your point. Also you may have legal cover with your car or house insurance that you could call on for advice.
 
I was always under the impression you could not claim unless the road defect had been reported already but not rectified.

I've had to replace 2 tyres on the same wheel in the course of 3 weeks.
 
lukey1965 said:
I have told them I cannot seek legal advice (which they know) but have threatened local press/media exposure for what it is worth.
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Have you checked both your vehicle and household insurance about this? - I'm assuming your third party only insured from your statement above.

And of course you can take legal advice, many solicitors will give an initial consultation to determine what's involved and give you a quote. Never tell the other side you can't take advice! - a. because it labels you an easy mark, and b. it's never true.
 
Immediately report all the defects on that road then at least anyone else having damage will be able to claim ;)

Also check fixmymystreet etc as councils are happy to lie and claim the issue hasn't been reported.
 
BBR said:
I would have thought a few photographs of the kerb in question along with a ruler next to it, should prove your point. Also you may have legal cover with your car or house insurance that you could call on for advice.
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Did send photos in. Didn't seem to help, the inspector said he couldn't see any problem !! Will check legal services with car insurance.

neil_g said:
I was always under the impression you could not claim unless the road defect had been reported already but not rectified.

I've had to replace 2 tyres on the same wheel in the course of 3 weeks.
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Don't like the sound of that....

Alastair said:
Have you checked both your vehicle and household insurance about this? - I'm assuming your third party only insured from your statement above.

And of course you can take legal advice, many solicitors will give an initial consultation to determine what's involved and give you a quote. Never tell the other side you can't take advice! - a. because it labels you an easy mark, and b. it's never true.
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Fully comp insurance so worth a phone call

srichards said:
Immediately report all the defects on that road then at least anyone else having damage will be able to claim ;)

Also check fixmymystreet etc as councils are happy to lie and claim the issue hasn't been reported.
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Will have to charge a small commission, may get my costs covered !!
 
Good luck getting anywhere with the highways dept, law unto themselves.

Full of it when enforcing the NRSWA with other statutory bodies, but they seemingly do whatever they like.
There is a defect register and would think you could ask to see it under the freedom of information act

Give it a go, but in my experiences never had much luck getting them held accountable
 
There is the issue of how much you would be claiming in damages v the cost of defending your small claim with a solicitor.The police and councils regularly pay out on claims under £1000 as it costs too much to defend them.Try searching the web for info.

If you are going to claim ask to see the signed off paperwork where they say the road was checked.Remember freedom of information act.
 
lukey1965 said:
disturbed by tree roots and pushed approx 4 inches in to the road.
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4" is quite a long way tbh (almost the full width of some kerbs) so presume it was totally insecure, so surprised it was missed by an inspection. Are folk pushing it back in place when it works it's way out into the road?
Has the recent weather/rain made it worse?
If a cyclist hit that, I'm sure they'd be defending a large claim!
 
Alastair said:
And try asking Honest John - http://www.honestjohn.co.uk/
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Thanks :):)

tijuana taxi said:
Good luck getting anywhere with the highways dept, law unto themselves.

Full of it when enforcing the NRSWA with other statutory bodies, but they seemingly do whatever they like.
There is a defect register and would think you could ask to see it under the freedom of information act

Give it a go, but in my experiences never had much luck getting them held accountable
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Will email about the defect register, thanks.

shapeshifter said:
There is the issue of how much you would be claiming in damages v the cost of defending your small claim with a solicitor.The police and councils regularly pay out on claims under £1000 as it costs too much to defend them.Try searching the web for info.

If you are going to claim ask to see the signed off paperwork where they say the road was checked.Remember freedom of information act.
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Damage is approx £100 for repair or £100 - £400 for replacement wheel depending on 2nd hand or new. Will use FOIA to see road inspection report.

OldCarlos said:
4" is quite a long way tbh (almost the full width of some kerbs) so presume it was totally insecure, so surprised it was missed by an inspection. Are folk pushing it back in place when it works it's way out into the road?
Has the recent weather/rain made it worse?
If a cyclist hit that, I'm sure they'd be defending a large claim!
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Strangely, the kerb is still in one piece, just bowing from the edges towards the middle, as in the shape of the tree, but seems secure. Still attached to the earth behind I guess. Don't think it is a recent development, looks quite 'settled ' if that makes sense. God help a cyclist in the dark, may have to take a ride down there ;);)
 

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Clearly from the moss around the disturbed kerb that has been there for some considerably time. As has been said, demand proof of their claim to have inspected, tell them you have sought advice (well you have on here, but let them think it may be legal advice without lying) and feel you have valid claim due to the long standing nature of the defect and that, either they haven't carried out an inspection as they claim or the inspector failed in his duty of care to report and rectify a long standing defect.

I have claimed from a council twice.

Many years ago the council were spraying bitumen at road works and some went on my pale yellow car. They denied any responsibility. I mentioned it to one of my neighbours. He said he was right behind me and saw it, but also he was a surveyor for the council and would "have a word". Instant payment.

The other occasion was about 5 years ago. I parked in a car park and damaged an alloy wheel on a step. It protruded into the car park space marked by white lines. It had been dark and I had not seen it. I had a letter acknowledging and saying they would inspect. The next day I was walking through the car park and there were two guys looking at it. I went up and said that's dangerous having a step protruding and they agreed. I then told them I was the person with damage caused by it. Shortly after claim paid in full.
 
neil_g said:
I was always under the impression you could not claim unless the road defect had been reported already but not rectified.

.
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That's about right.

From AA website:-
Statutory defence
You might be able to claim for the cost of any repairs required to your vehicle from the Highway Authority. It's important to understand that they do have a statutory defence as they cannot be held liable for a defect they do not know about, either because it has not been reported to them or because it has not been picked up in their own road condition surveys.


https://www.gov.uk/claim-for-damage-to-your-vehicle
 
arclight said:
That's about right.

From AA website:-
Statutory defence
You might be able to claim for the cost of any repairs required to your vehicle from the Highway Authority. It's important to understand that they do have a statutory defence as they cannot be held liable for a defect they do not know about, either because it has not been reported to them or because it has not been picked up in their own road condition surveys.


https://www.gov.uk/claim-for-damage-to-your-vehicle
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Which makes it against their best interest to actually check the roads either carefully or very often as they can just shrug and say they had no idea it was there!
 
srichards said:
Which makes it against their best interest to actually check the roads either carefully or very often as they can just shrug and say they had no idea it was there!
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I have little doubt that is a ploy. My local council stopped providing automated replies (which used to include a fault number) to road and lighting defects reported to them via their online web form.
 
I don't see anything wrong with that kerb apart from it is old and protrudes a little.
I think you simply showed poor judgement swinging to close to the kerb to be honest.
take it on the chin and take more care in future.
 
Yeah watch were you were going used to be good advice now it's someone's fault
 
On the other hand, I fail to see how they can say the defect isn't noted when it appears to have been tarmacked around :-)
Oncoming car or not, I'd not get that close to the kerb.
 
Mr Bump said:
I don't see anything wrong with that kerb apart from it is old and protrudes a little.
I think you simply showed poor judgement swinging to close to the kerb to be honest.
take it on the chin and take more care in future.
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andyscott said:
Yeah watch were you were going used to be good advice now it's someone's fault
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Would you suggest I drive into the oncoming car rather than move into the kerb ?? As stated above, it was dark,raining and the oncoming car did not give way when approaching the parked van !! Had I not moved towards the kerb (at a distance that would not clip it if not protruding) I would have had a head on with the other vehicle !!

Thanks to everyone with constructive comments, will attempt to get some info as advised.
 
Drive to the conditions.
There is always the option to stop. All in a perfect world, of course, it's easy to be an armchair driver :)
 
lukey1965 said:
Would you suggest I drive into the oncoming car rather than move into the kerb ?? As stated above, it was dark,raining and the oncoming car did not give way when approaching the parked van !! Had I not moved towards the kerb (at a distance that would not clip it if not protruding) I would have had a head on with the other vehicle !!

Thanks to everyone with constructive comments, will attempt to get some info as advised.
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No brakes on your vehicle?
 
Mikesphotaes said:
No brakes on your vehicle?
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That's not the point.The public are entitled to expect that the road is maintained to such a standard that they are able to move over in order to avoid a collision and not to have to think I must brake because the council are entiteled to fail to maintain the highway and should I strike the kerb and damage my vehicle it will be my fault. That is the logic of your argument.
 
it must be sticking out no more than three inches. It just a bit of bad luck/driving.
 
shapeshifter said:
That's not the point.The public are entitled to expect that the road is maintained to such a standard that they are able to move over in order to avoid a collision and not to have to think I must brake because the council are entiteled to fail to maintain the highway and should I strike the kerb and damage my vehicle it will be my fault. That is the logic of your argument.
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Just be grateful you don't live in a rural area, potholes, overhanging hedges, branches sticking out are the norm, you just have to learn to drive within your and the vehicle limits and be
prepared to slow/stop for oncoming traffic.
One road was almost shut for 2 weeks in November due to it being ruined by HGVs regularly short cutting through it, the highways waited for it to become almost impassable
before doing a complete resurface and I can guarantee it will be as bad again by summer
 
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Plus, you're clearly familiar with this road, and the kerb deviation, having been caused by the expanding tree base, is clearly far from being either new or sudden, but rather has been that way for quite some time.
 
I have to agree with some of the recent comments regarding poor judgment on your part. If the other driver decides to be a dick and force his way out, even if it isn't their right of way, then you really should have stopped and let them go. Its always happening to me, it amazes me sometimes how inconsiderate some drivers are. Did you have a sudden rush of blood and the red mist descended.
 
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also whats the speed limit on the road, looks like a suburban 30?
loads of time to slow down and give way, as jake says some folk are dicks in a hurry.
 
Looking at the photos I would not say this is particularly bad - at least the road surface looks good, which is a lot better than you normally get in most of rural somerset - i'd be amazed if any council would bother repairing this
 
Glad I'm not the only one tired of the blame culture, and as to one post above advocating reporting any fault found just in case someone else needs to make a claim in the future by damn anyone who has that amount of time on their hands must have a quite life...

Having looked at the pictures moving far enough over to hear a loud bang, are you sure that wasn't from your car hitting the tree :lol: :lol: as you must have been damn close to the tree..as said above really you should have braked rather than take avoiding action but again it's easy to say that sat here now

Guess part of me is just lamenting the compensation culture
 
boliston said:
Looking at the photos I would not say this is particularly bad - at least the road surface looks good, which is a lot better than you normally get in most of rural somerset - i'd be amazed if any council would bother repairing this
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Yep forgot the potholes that you could lose the vehicle in :D
 
neil_g said:
but then as a cyclist you get vilified for not hugging the curb
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Yeah I know, used to cycle a lot, but as has been said I would rather stop the cycle though the unknown in traffic.
Quiet back roads are a different matter, splash :D
 
neil_g said:
but then as a cyclist you get vilified for not hugging the curb
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I understand why cyclist wouldn't want to get too close to the kerb, it really doesn't bother me, riding two or three abreast, now that's a different matter altogether.
 
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neil_g said:
nothing wrong with 2 where applicable..

"never ride more than two abreast, and ride in single file on narrow or busy roads and when riding round bends"

:)
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Unfortunately they don't always stick to the rule of law and living in a rural area, and one thats popular with bike riders, its not unusual to see a group of cyclists bunched together two or even three deep who do not close down to single file even when they can hear you coming. I don't want to turn my post into a bike bashing one, I know cyclist have a hard time off other road, users but it might help if some of them were a little more considerate especially on narrow roads.
 
jakeblu said:
Unfortunately they don't always stick to the rule of law and living in a rural area, and one thats popular with bike riders, its not unusual to see a group of cyclists bunched together two or even three deep who do not close down to single file even when they can hear you coming. I don't want to turn my post into a bike bashing one, I know cyclist have a hard time off other road, users but it might help if some of them were a little more considerate especially on narrow roads.
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trying to teach a cyclist to be considerate is akin to teaching your bum hole to speak russian :exit:
 
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