Pothole Damage & Councils

Micksxboxmods · 23-06-2009, 07:13 AM

Hi Guys,
I recently had the misfortune to hit a massive pothole that had casued a 3 week old tyre to bulge at the sidewall, was impact damaged inside so had to be replaced.

What I would like to know is what is the best way with dealing with councils regarding this as I have submitted a claim and they have cold blank refused to pay saying they were not negligent.

Well..here goes
After returnting from hitting the pothole, it was being repaired by council workers(no more than 25mins after the event) so I stopped, showed one of them, got his name and work mobile as evidence etc.

I have lived in this area and it is the only road in and out and over the past 6 years this pothole has been repaired no less than 5 times( I would consider this to be neglegent as it is still not fixed properly and requires another repair only 2 weeks after the last).

This is not your usual pothole, it measures 70-80cm diameter and about 20-30cm deep and gets bigger everytime.

Council have told me basically to wear it as they don't see themselves as negligent...

What are your thoughts/ suggestions??
Cheers
Mick

Macca23 · 23-06-2009, 07:38 AM

Bad luck about the 3 week old tyre.

I recently just did the same with my local council. They said the same thing. We were not negligent(Mind you it took over 5 weeks for the reply) I said I wasn't happy with that. They said submit the complaint and our findings to a different area of the council to have it reviewed.

Did this and they said the same thing. So I did have to cop it. So If you haven't tried submitting it again to the HIGHER up levels there's not much more you can do.

Good luck!

Micksxboxmods · 23-06-2009, 07:52 AM

Quote:

Originally Posted by Macca23

Bad luck about the 3 week old tyre.

I recently just did the same with my local council. They said the same thing. We were not negligent(Mind you it took over 5 weeks for the reply) I said I wasn't happy with that. They said submit the complaint and our findings to a different area of the council to have it reviewed.

Did this and they said the same thing. So I did have to cop it. So If you haven't tried submitting it again to the HIGHER up levels there's not much more you can do.

Good luck!

same deal, spoke to someone else as he was the head of the financial section, what a waste of time...so

I referred it to the State Minister for Local Councils (Barbara Perry), waiting to hear back from her office now..

Its a disgrace, this road is shocking!! I'm not being fussy or anything.

JOHNNOSF6 · 23-06-2009, 07:56 AM

If its 70cm across & 20cm deep how the hell did you hit it, espically if you know it's been there.

last fairlane · 23-06-2009, 08:00 AM

Hi this sort of happened to me back in 1995
it was the old Albert council now Logan city in QLD
I hit a manhole cover at 4 in the morning in Beenleigh after a late shift
the cover was open like a mouth anyway I saw it at the last moment
and hit it with the back wheel blowing the tyre and taking a bite out of the factory mag on the XD Ghia
I went to the council and told them about the manhole and I was told to write a letter of demand to the council setting out the facts and they asked how much I wanted and gave them a quote for $100 for the wheel and $80 for the tyre and they sent me a cheque for $180 and I had to sign a release saying that was the end of the matter
but like I said that was 15 years ago things do change
thanks John

Micksxboxmods · 23-06-2009, 08:02 AM

Quote:

Originally Posted by JOHNNOSF6

If its 70cm across & 20cm deep how the hell did you hit it, espically if you know it's been there.

easily mate, last time I went past it, was only small and of no real concern, it wasn't until I was ontop of it and the fact that I could not get onto the other side of the road(which is normal practice coz the road is so bad) that I realised it was damaged again.

Bushbasher · 23-06-2009, 08:23 AM

Mate, good luck with getting anything out of the council. I have done 3 tyres in the last 4 months on my access road due to the condition of the road and have fronted up and demanded something be done every time and all I get is the usual stroke, you know, official complaint recorded, we'll pass it on blah blah blah, but I still got no recompense for my $200+ tyres and the road still hasn't been touched.

Bushbasher

GS608 · 23-06-2009, 08:50 AM

i hit a massive one yesterday, never been one there before but with all this bloody rain.

Thought i'd really damaged the wheel/tyre as i was doing 60, didnt notice it till i was on top of it couldnt swerve as cars in the other lane.
Bloody council

Laminge · 23-06-2009, 09:16 AM

I had the same thing happen several years ago, took pictures of damaged rims and tyres and filled a claim with the council, they ended up paying via their insurance some $1500

I would suggest through my own experience that you have a claim as they had repaired the damaged road., ie warranted repair as it was a hazard.

Dont let them fob you off.

**killerjoolz** · 23-06-2009, 09:27 AM

I have just been through the same thing with the local council,and they never paid,not their problem...I had damaged both front rims on my car and had to wear the cost to have them fixed. GOOD LUCK

Riksta · 23-06-2009, 09:36 AM

Just accumulate the cost via parking tickets from same council. When they start demanding payment from you, say that you weren't parked there.

No, that wasn't a serious suggestion for those who want to tell me I'm being an idiot.

Sorry to hear it though, just keep trying. Well done for going to the minister, maybe your local member for parliament may be able to help, or maybe even bring it up at the next council meeting (if you have the time to attend and do that kind of thing).

Good luck with it all.

RG · 23-06-2009, 09:41 AM

Quote:

Originally Posted by Laminge

I had the same thing happen several years ago, took pictures of damaged rims and tyres and filled a claim with the council, they ended up paying via their insurance some $1500

I would suggest through my own experience that you have a claim as they had repaired the damaged road., ie warranted repair as it was a hazard.

Dont let them fob you off.

Minge unfortunately the laws have changed in the last couple of years. Now unless the pothole was reported to council prior to you hitting it you have no claim. The fact that they fixed it so soon after it being reported adds to their "not negligent" claim also.

flappist · 23-06-2009, 09:45 AM

Actually if it were our local council (Fraser Coast) you would probably get a bill for inspecting the pothole and then another one for enlarging it........

mcnews · 23-06-2009, 09:49 AM

You take them to court and you win.

Crazed · 23-06-2009, 10:20 AM

What kind of tyres are you guys running to have a pothole burst your tyre?

I would have never have thought you could go to council if you hit a pothole, I thought their excuse would be that you should 'drive to the conditions' or some of other governmentey phrase.

Well at least you have sealed roads, the nearest bitumen for me is 20km away.

prydey · 23-06-2009, 10:24 AM

this is going off on a bit of a tangent. recently here in S.A. we've had an underpass built (yes thats right, its not a typo). now i'm hoping at some stage, even though it looks completed with lines painted and everything, that they are planning on putting another layer of bitumen down. all through the area, all the manhole and access covers stick up proud of the road serface, with a little bit of bitumen around them so its not a sharp bump. they are big enough though that they aren't doing your wheel alignment any favours. do they not think of this when they build roads. most new cars don't have much adjustment so enough whacks and you need to start saving for a camber/caster kit.

Bud Bud · 23-06-2009, 10:26 AM

In a similar case, I know someone (and this is not third hand) that hit a chunk of concrete that broke off from the gutter on Anzac Hwy in S.A., and smashed his headers in completely. He took a picture of the block of gutter and got an estimate and wrote a polite letter to the council involved. They replied with an apology and cheque so that the repair could be done. This was in around 2002.

Try this, you never know.

landau5.8 · 23-06-2009, 10:42 AM

someone should show the council the registration papers that clearly state "Road Tax/Levy....then ask them what that means???

Spudz27 · 23-06-2009, 11:03 AM

The roads here in Albany are the worst I have ever driven on. Potholes everywhere, when they are fixed that part of the road sits higher than the rest, flat road then sudden dip, the road around the corner is like driving on a rut filled gravel road. 50 odd pot hole fixes, yet again higher than the actual road surface. One road has a dip that is also a big access hole thing which sits higher than the road. So not only do you go into this sudden dip you have to contend with the cover, I always use the other lane. Some potholes just get filled with gravel

: . I hate driving on our local roads.

ch33z1l · 23-06-2009, 11:04 AM

Quote:

Originally Posted by RG

Minge unfortunately the laws have changed in the last couple of years. Now unless the pothole was reported to council prior to you hitting it you have no claim. The fact that they fixed it so soon after it being reported adds to their "not negligent" claim also.

Have also heard this from my local council. I have also been told by council, unless the damages are in excess of $1500, they won't cover the bill. You would have to hit all 4 tyres to do that sort of damage!

RG · 23-06-2009, 11:07 AM

Quote:

Originally Posted by ch33z1l

Have also heard this from my local council. I have also been told by council, unless the damages are in excess of $1500, they won't cover the bill. You would have to hit all 4 tyres to do that sort of damage!

Same as I was told, I didn't believe them so they sent me out the relevant docs about it. They were right, it was brought in by the govt to stop people claiming so often.

I would have thought that a more regular maintenance schedule would have been more appropriate but there you go.

EDManual · 23-06-2009, 11:09 AM

One day I was driving down the geelong freeway when going past a council mower on the side a chunk of wood flew out hit and dented my bonnet and broke my bonnet protector.

They were happy to pay. I guess as they would feel this was quite dangerous and would want a problem like that to go away without any publicity.

That was the werribee council.

mik · 23-06-2009, 11:13 AM

Quote:

Originally Posted by Micksxboxmods

Hi Guys,
I recently had the misfortune to hit a massive pothole that had casued a 3 week old tyre to bulge at the sidewall, was impact damaged inside so had to be replaced.

What I would like to know is what is the best way with dealing with councils regarding this as I have submitted a claim and they have cold blank refused to pay saying they were not negligent.

Well..here goes
After returnting from hitting the pothole, it was being repaired by council workers(no more than 25mins after the event) so I stopped, showed one of them, got his name and work mobile as evidence etc.

I have lived in this area and it is the only road in and out and over the past 6 years this pothole has been repaired no less than 5 times( I would consider this to be neglegent as it is still not fixed properly and requires another repair only 2 weeks after the last).

This is not your usual pothole, it measures 70-80cm diameter and about 20-30cm deep and gets bigger everytime.

Council have told me basically to wear it as they don't see themselves as negligent...

What are your thoughts/ suggestions??
Cheers
Mick

pity you did`nt get a photo of the offending pothole and damaged wheel/tyre, it would have been pretty hard for them to deny it then, this is another good reason to always carry a mobile phone with a camera in it .

Crazed · 23-06-2009, 11:31 AM

Quote:

Originally Posted by XR-CHIEF

i hit a massive one yesterday, never been one there before but with all this bloody rain.

Thought i'd really damaged the wheel/tyre as i was doing 60, didnt notice it till i was on top of it couldnt swerve as cars in the other lane.
Bloody council

Your blaming the council for all the rain..?

**killerjoolz** · 23-06-2009, 11:32 AM

Quote:

Originally Posted by mik

pity you did`nt get a photo of the offending pothole and damaged wheel/tyre, it would have been pretty hard for them to deny it then, this is another good reason to always carry a mobile phone with a camera in it .

I had photo's of the pothole as well my damaged rims and they still didn't pay,they didn't care....ggrrr

GQ_Smooth · 23-06-2009, 11:33 AM

Have you tried calling your insurance company as see what they recommend, they may be able to handle it on your behalf.

Iggypoppin' · 23-06-2009, 01:34 PM

A rant here: SA is shocking for negligence. One of the backstreets I travel to and from work(also a bus route) had a strip dug out of it about 9 years ago, to repair a water pipe. The road was a mess from the buses, all bumpy potholes etc not at all comfy to drive on, and more than once caused grief for friends of mine hitting the unsigned dip at the end of the street or a pot hole. What I did not understand was why the council spent time repairing the water pipe, they could have fixed the whole road, redirected the buses for a bit and all would have been ok. Only this year they finally fixed it, but they made the dip bigger for some reason....can't understand councils. The buses don't even clear the dip now, but at least you can drive on the road a little better now.

ltd · 23-06-2009, 06:21 PM

Send a letter of demand outlining their requirement to contact you within 48 hours before legal proceedings commence. In your letter outline that you will be engaging the services of a solicitor (name one if you can) and that you are led to believe that the council has contributory negligence on the fact that they are responsible for the condition of the road surface. Mention you will be seeking payment of the damage, the independent engineer, the cost of your time pursuant to the matter and the court costs. It usually only goes so far as a letter from your solicitor before they actually cough up. Have had this happen in NSW many a time. Some councils don't even correspond, they just send a cheque. Councils are also all insured and thusly are trying to fob you off to avoid any potential premium hike on their next renewal, so be persisitent.

Micksxboxmods · 23-06-2009, 06:53 PM

Quote:

Originally Posted by GQ_Smooth

Have you tried calling your insurance company as see what they recommend, they may be able to handle it on your behalf.

I did mate, Shannons wanted the full excess to cover it themselves as they said I would be wasting my time.

Thanks to all the helpful ppl on the Forum....you have given me some ideas and angles.

Airmon · 23-06-2009, 06:59 PM

I didn't think any council would pay up.
If your wheel is damaged due to roadworks does that fall under the council or whoever did the roadworks?
I buckled an 18 due to roadworks (6" lip in the road with no signage and a 70km/h speed limit), decided to just wear it as I didn't expect anyone to be liable.
Would be too late to do anything now, but at least I know for next time.
Good luck Mick.