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Darkside

Buckled Alloy Compensation?

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I have twice in the last month buckled my front left alloy wheel. In both instances the tyres have also been written off due to the irregularities in the alloy's roundness causing them to bulge and become dangerous.

I know the pothole in question which has resulted in the damage.

Twice I have had different alloys 'rolled' to get them back into shape.

What is the best way of pursuing the council for the costs of the damage/repairs?

Im guessing a letter to highways with pictures, measurements and invoices etc.

Can anyone advise as to any legal arguments I can use, avenues to explore?

The cost so far has been £370 so would really appreciate your views.

Thanks,

Adam

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IIRC

Its a long long while since i did this but iirc if they can prove they inspected that road in its either a month or 3 months previous i just cannot remember they getout of paying you.

Basically you will be luckie to get anything as they can normally get out of paying.

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take some photos of the pothole with something like a cigarette packet or a ruler to give perspective to the pothole photo it needs to be about 2 " to get a settelment and send them to the council but i dont rate ur chances as my other half did the same thing and blew two tyres on her borra and it turns out that the road was a private road in a industrial estate (hillington) in glasgow just drive of the queens highway in to hillington and u are on private property so!!! (i dont think so !!!) u can do what u want so i will do my next speed test on a private road in glasgow someware and see if the plods can do anything as its a private road some how i think i might get problems from mr plod

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Cheers. im going to have a shot anyway. Its worth the cost of the stamp at least.

If not I will just go and steal some wheels off some duffer in the local council smile.gif

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I had this same problem a few months back where I blew the tyre and the alloy actually split down the middle.

Council just wrote back saying that they had inspected the road a week before and had found no major potholes at that time,so hard luck basically.

I'm in the process of a court claim at the mo,not because of the couple of hundred quid,but because they are blatent piss-takers and have been getting away with crap road maintanence for too long.

Pursue it so that they know you are serious and I reckon the outcome could be in your favour! 169144-ok.gif

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Im going to try. Pictures (date proofed with newspapers?), pertinent documentation from alloy rolling company suggesting pothole was cause of damage etc.

I could bury a cow in this pothole! Your right SC, just can't let them take the piss. Its principle (&almost £400!)

I would gladly meet someone from the council at the site to discuss.

Will get piccies tomorrow and post with my draught letter to get feedback.

Cheers

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I have done this and been successful. I had an M Reg Astra Sport (yes the yellow one), and it had the steels on it, I was on the road between East Cramlington and Seaton Delaval (for those of you who know that area) and the pothole was particularly bad. Claimed, won, and they paid the however much it was to fix.

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I walked into the council offices, and told them what had happened, explained that the car was outside if they wanted a look, they made me an appointment with the highways bloke the next day, he had mentioned that this section of road was to be rebuilt soon (about seven years later in fact) and that it was the reason the repair hadnt been done, and that hew as aware of it and had nearly hit the hole himself. HE looked at the car, I produced pictures, and a quote for the reforming of the wheel, and he wrote me a nice cheque. It is much easier if you can deal witht he person face to face and produce evidence (photos, the ACTUAL wheel, quotes for repair etc) and they will give in, postal claims and complaints are often disregarded in council offices.

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Thanks for that. I have the buckled wheel in the back of my car so will put it in a jiffy bag as evidece!

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Hi

A few years ago I ran over a dislodged catseye whilst overtaking a lorry. I managed to avoid it with my front wheel but the rear just clipped it. The result was a blown tyre and severe damage to my rim, 17” Ronal, so not cheap.

The worst part of the whole situation was the fact that the catseye flicked up into the path of the lorry. He was braking to avoid me as I was rapidly pulling off on the side of the road. In doing so he swerved out across the road and fortunately also avoided the flying catseye. He stopped up ahead in front of me and was visibly shaking. He told me the catseye ( all 4kg of it ) had missed his screen by inches.

Took lots of pictures, both of the catseye, the resulting pothole in the road and the damage to my wheel / tyre. The important thing was, I did this there and then, I was lucky enough to have my digital camera in my car. Not sure how you will get on this far down the line Darkside

After a series of letters, phone calls etc. to the local council ( they naturally tried to get away with it ) they coughed up £ 230. I had the Lorry drivers details in case I needed him as a witness, but held back the information as a "Trump Card" grin.gif

I did notice they filled in the pothole and replaced the catseye in 2 days after receiving my letter. Never seen em move so fast.

Best of luck with it mate.

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[ QUOTE ]

.

. He was braking to avoid me as I was rapidly pulling off on the side of the road.

[/ QUOTE ]

I think this would read a bit better if it said ".....as I was pulling over to the side of the road".

Rapidly pulling off on the side of the road is an arrestable offence you know NONO3.GIF

yelrotflmao.gif sorry I've had too much caffeine and could resist that one!!

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[ QUOTE ]

IIRC

Its a long long while since i did this but iirc if they can prove they inspected that road in its either a month or 3 months previous i just cannot remember they getout of paying you.

Basically you will be luckie to get anything as they can normally get out of paying.

[/ QUOTE ]

The information I was given was that as long as the council/highway authority have a policy for regular inspection of that piece of road, they are not liable in law. They don't even have to prove that the policy is implemented. 'Regular', can be any interval they choose, according to the status of the road.

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[ QUOTE ]

[ QUOTE ]

.

. He was braking to avoid me as I was rapidly pulling off on the side of the road.

[/ QUOTE ]

I think this would read a bit better if it said ".....as I was pulling over to the side of the road".

Rapidly pulling off on the side of the road is an arrestable offence you know NONO3.GIF

yelrotflmao.gif sorry I've had too much caffeine and could resist that one!!

[/ QUOTE ]

tongue.gif After such a loud bang and what with my car squirming all over the place, I just wanted to get off the road. tongue.gif

Good job plod wasn't around or I could have been faced with a charge of "Assault with a deadly catseye". grin.gif

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Thanks for your ideas. When my hangover goes on holiday I will get my serious hat on! If you go on about something long enough, someone will eventually take notice just to get rid of you.

Cheers.

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Right:

FINALLY: I have got round to my letter to the council: Any views on things to omit, things to add would be much appreciated!

Following our telephone conversation please find below details of my claim.

I had a meeting in Gillingham on 1st November 2005 and I was driving along the B3092 heading from Frome towards Gillingham. About three quarters of a mile from the village of Maiden Bradley I hit a large pothole in the road. The impact was fairly severe and as I continued the journey I started receiving increased vibration feedback through the steering wheel. The vibration was similar to that of having an imbalance in the weighting of the wheel.

On my way home the vibration was so noticeable that I took my car into HB Tyres in Frome to get the tracking and the wheel weighting looked at. Upon taking the front left wheel off it was obvious there was a large indentation in the alloy, at the same point the tyre had ballooned outwards. I was informed that an unusually hard impact on a tyre can cause the banding at the side of the tyre to blow outwards (potholes being a common factor).

The wheel was not safe to put back on the car so my spare was fitted and my wheel had to be sent to another firm to be ‘rolled’ back into shape as it was buckled. The tyre had also lost its inherent shape and had to be scrapped, with a new tyre fitted when the wheel had returned from being rolled.

Upon re-visiting the scene where the damage was caused I took pictures and measurements of the pothole. The full area was 1.25m x 0.75m. The main depressed area was 9 inches (22.5cm) wide and 2.5 inches (6.25cm) deep, the surface of the road has collapsed and a large hollow has formed. The back of the pothole is a vertical shear and is not graded, so driving into it is like hitting a fixed 9 inch wide by 2.5 inch deep concrete block (please find attached pictures with a scale). My wheel is 7 inches wide.

Under Section 41 of the Highways Act 1980 and the New Roads and Street Works Act 1991 the Council has a duty to maintain the highway. I feel as though your duty of reactive maintenance has not been undertaken and as a result I have incurred unnecessary damage to my car which I have subsequently had to pay for.

I therefore enclose the invoice which relates to the cost of 1 new tyre and the wheel rolling which I would like to be reimbursed for.

I would be happy to meet a representative at the site at any point to further discuss the matter.

Please contact me if you require any further information or to arrange a meeting.

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169144-ok.gif

Now its time to leave it to them, if they dont get back to you in a reasonable amount of time, send it again smile.gif

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[ QUOTE ]

+++

Now its time to leave it to them, if they dont get back to you in a reasonable amount of time, send it again smile.gif

[/ QUOTE ]

and again and again.... the_finger.gif

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[ QUOTE ]

[ QUOTE ]

.

. He was braking to avoid me as I was rapidly pulling off on the side of the road.

[/ QUOTE ]

I think this would read a bit better if it said ".....as I was pulling over to the side of the road".

Rapidly pulling off on the side of the road is an arrestable offence you know NONO3.GIF

yelrotflmao.gif sorry I've had too much caffeine and could resist that one!!

[/ QUOTE ]

I read that about 8 times, and got it on the last read!

jump.gif

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Reading your letter, and knowing what council employees are like, I think you'd be better off saying something like, "Driving on your road. Wheel broke. Your pothole. Your fault. Cheque please."

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LOL

I walked straight into Blyth Valley Council's office when i did mine. They paid up.

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That's probably cos you were the first person that day to walk in there that wasn't stoned, and they were no doubt happy to see you!

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