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Author Claiming for damages from Highways Agency/council?
antnee
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Registered: 30th Dec 07
Location: Cov Drives: Clio 197
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9th Aug 13 at 13:58   View User's Profile U2U Member Reply With Quote

On my daily commute they have been doing over night road works along the concrete section of the a46 in Nottingham/Leicester. One thing they have done a few nights is 'scrap back' the surface of the road which leaves loads of little stones which you can see flicking up. I didn't think much of it but looking at my bonnet and bumper I have loads of new stone chips which must have been caused by this.

Could I try and claim for this damage off the highways agency/council (which ever is completing the work), as there are no warning signs up at all. Has anyone tried claiming for this sort of damage before?
John
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Registered: 30th Jun 03
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9th Aug 13 at 14:00   View User's Profile U2U Member Reply With Quote

I've claimed for pothole damage to wheels and tyres successfully but I'd be very surprised if you managed to claim for that.
nibnob21
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Registered: 16th May 10
Location: South Derbyshire
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9th Aug 13 at 14:19   View Garage View User's Profile U2U Member Reply With Quote

If there are no signs up it's worth a punt. I know whenever they resurface the roads around here with a load of gravel there are always 20mph signs up. Sounds like a similar sort of thing so if there are no signs up you may have a case. Hard to prove the chips were caused by it though.


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Jay
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Registered: 26th Sep 04
Location: Liverpool
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9th Aug 13 at 14:25   View User's Profile U2U Member Reply With Quote

People moan when the roads are shite then moan when they work on them, you had already noticed they'd done work and knew stones where loose so what do you need a warning sign for?
VrsTurbo
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Registered: 8th Jun 10
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9th Aug 13 at 16:21   View Garage View User's Profile U2U Member Reply With Quote

Claim culture.
IvIarkgraham
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Registered: 27th Mar 04
Location: Ellesmere Port, Cheshire
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9th Aug 13 at 17:01   View Garage View User's Profile U2U Member Reply With Quote

how can you prove the stone chips are from that?
sc0ott
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Registered: 16th Feb 09
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9th Aug 13 at 17:43   View User's Profile U2U Member Reply With Quote

Sit further back from the person in front.
Nic Barnes
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Registered: 5th Apr 04
Location: nowhere near ginger people
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9th Aug 13 at 17:45   View User's Profile U2U Member Reply With Quote

I'm still arguing a case from February with highways agency.
morpheus22
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Registered: 10th Oct 05
Location: sheffield
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9th Aug 13 at 17:54   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Nic Barnes
I'm still arguing a case from February with highways agency.


so am I but from January drawing it because I don't have proof of purchase for my alloys
DanCobb
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Registered: 14th May 11
Location: Lewes/Brighton
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9th Aug 13 at 18:17   View User's Profile U2U Member Reply With Quote

Even if there was warning signs would you still take that route?
Brett
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Registered: 16th Dec 02
Location: Manchester
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9th Aug 13 at 18:37   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by sc0ott
Sit further back from the person in front.
jacko198
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Registered: 1st Mar 07
Location: Buckinghamshire
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9th Aug 13 at 18:38   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by morpheus22
quote:
Originally posted by Nic Barnes
I'm still arguing a case from February with highways agency.


so am I but from January drawing it because I don't have proof of purchase for my alloys




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Ben G
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Registered: 12th Jan 07
Location: Essex
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9th Aug 13 at 18:43   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Brett
quote:
Originally posted by sc0ott
Sit further back from the person in front.



And drive slower.

Whenever we have that going on, you can't really do much more than 15mph anyway due to the raised manhole covers. Not a problem in 4x4's, but are like driving over humpback whales in my car.
Dave
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Registered: 26th Feb 01
Location: Lancs
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9th Aug 13 at 18:51   View User's Profile U2U Member Reply With Quote

What's the procedure for something like this? I've had to have two wheels repaired but I imagine it'd be pretty difficult to prove it was the councils fault, would they not just say I hit a kerb or similar?

Another one was the wife cracked the sump straddling one of those speed cushions, you can see she isn't the only one by the marks on top and our car is completely standard. It seems regulations say they can't be more than 100mm high but these are way more than that.

Not looking to claim for the wheels btw but I think we have a case regarding the speed bumps. I purposely avoid that road now (Barrowford road past the old college/grammar school if anyone knows it) and there are a few others round here that must be too high as well.
mattant
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Registered: 19th Jun 10
Location: South Yorkshire
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9th Aug 13 at 19:21   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Dave
What's the procedure for something like this? I've had to have two wheels repaired but I imagine it'd be pretty difficult to prove it was the councils fault, would they not just say I hit a kerb or similar?

Another one was the wife cracked the sump straddling one of those speed cushions, you can see she isn't the only one by the marks on top and our car is completely standard. It seems regulations say they can't be more than 100mm high but these are way more than that.

Not looking to claim for the wheels btw but I think we have a case regarding the speed bumps. I purposely avoid that road now (Barrowford road past the old college/grammar school if anyone knows it) and there are a few others round here that must be too high as well.


You have to go out with a ruler and take photos of you measuring them. You can only claim for pothole damage if the council was already aware of it existing.
Dave
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Registered: 26th Feb 01
Location: Lancs
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9th Aug 13 at 19:30   View User's Profile U2U Member Reply With Quote

Seems a bit risky on a busy road, the one in question is on a bend too, no way I'm measuring that!
Nic Barnes
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Registered: 5th Apr 04
Location: nowhere near ginger people
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9th Aug 13 at 20:20   View User's Profile U2U Member Reply With Quote

actually tells you on the form NOT to go back and measure it or photograph it.
John
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Registered: 30th Jun 03
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9th Aug 13 at 20:24   View User's Profile U2U Member Reply With Quote

I sent in mine with lots of pictures, tape measure and that days paper.

Made up a quote on some Arnold Clark headed paper and had no problems.
Nic Barnes
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Registered: 5th Apr 04
Location: nowhere near ginger people
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9th Aug 13 at 20:26   View User's Profile U2U Member Reply With Quote

i got a police accident report and motorway was closed in 1st lane for 2 days afterwards. pot hole had been reported as getting worse earlier in the day by the police themselves. got fuck all.
shaunmods
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Registered: 12th Mar 07
Location: Glascote, Staffordshire
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9th Aug 13 at 21:29   View Garage View User's Profile U2U Member Reply With Quote

Like getting blood out of a stone! I tried to claim pot hole damage after kurbing my alloy and popping my tyre. The council claimed they weren't aware of the pothole even though it was repaired the next day Didnt get a penny!
antnee
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Registered: 30th Dec 07
Location: Cov Drives: Clio 197
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10th Aug 13 at 07:49   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by sc0ott
Sit further back from the person in front.


Doesn't matter how far back I am, people pull in front of you and drive past

quote:
Originally posted by DanCobb
Even if there was warning signs would you still take that route?


Yes, but signs might alter every ones driving style through that section and there fore not cause any damage
antnee
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Registered: 30th Dec 07
Location: Cov Drives: Clio 197
User status: Offline
10th Aug 13 at 08:11   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by sc0ott
Sit further back from the person in front.


Doesn't matter how far back I am, people pull in front of you and drive past

quote:
Originally posted by DanCobb
Even if there was warning signs would you still take that route?


Yes, but signs might alter every ones driving style through that section and there fore not cause any damage
ChazSXi
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Registered: 26th Jan 03
Location: Waterlooville, Hampshire
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10th Aug 13 at 09:39   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by shaunmods
Like getting blood out of a stone! I tried to claim pot hole damage after kurbing my alloy and popping my tyre. The council claimed they weren't aware of the pothole even though it was repaired the next day Didnt get a penny!


section 58 defence...I got my dads claim sorted within a week, as I used google maps and it showed the pothole was there....so whether they repaired it, I argued negeligence or if they hadn't I argued contravention of the highways act.
pow
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Registered: 11th Sep 06
Location: Hazlemere, Buckinghamshire
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10th Aug 13 at 10:17   View Garage View User's Profile U2U Member Reply With Quote

I got a %age of a new tyre which amounted to £82 because my tyre was worn. Took 6 months
ChazSXi
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Registered: 26th Jan 03
Location: Waterlooville, Hampshire
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10th Aug 13 at 10:34   View User's Profile U2U Member Reply With Quote

When I am back in the office on Monday I could upload the draft letter I sent which may be of use?

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