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Not Happy


bigal
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I've not been having a lot of luck with my wheels recently managed to keep all 4 nice and unkerbed for 9 months then managed to do 2 inside of a week then yesterday morning on my way home fom work hit a mahoooosive pot hole (caused by all the rain recently) and bend one of them. Still just ordered a new set - what do you think?

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My IS is blue they will be replacing the bronze wheels i currently have on, thinking about writing to Blackburn council to see if they will pay for the damage! don't fancy my chances but hey if you dont ask you dont get

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If you’re car has been damaged by a deep rut or a cavernous tear in the tarmac, you could seek compensation from the authority responsible for the maintenance of the road rather than digging deep into your own pocket.

Immediate: Evidence gathering. Take a picture of the offending pothole. This is essential as the hole could be repaired before your claim is settled. Measure if possible Length x Breadth x Depth, not always easy we know. Take pictures of the whole area just to show no warning signs.

Report pothole to Council and Police if it is a danger, this helps to create a record and maybe help someone else.

Obtain written report from your repairer outlining the damage, probable cause if he can say so and the cost to replace.

House to house enquiries from anybody living nearby to try and establish how long the hole has been there and if other similar occurrences have occurred and take full details of any witnesses traced.

Establish from local council who is responsible for the road i.e. the County Council Highways or District Council and fire off a letter to them with COPIES of your evidence claiming compensation from their Insurance. You may be lucky and succeed and if not depending on the strength of your evidence action in the Small Claims Court.

The local authority has a duty to maintain the highway and you will have a claim against the council if you suffer injury or damage to property as a result of a defect in the road.

s58 of the Highways Act 1980 gives the Local Auth a possible defense as follows....

(1) In an action against a highway authority in respect of damage resulting from their failure to maintain a highway maintainable at the public expense it is a defense (without prejudice to any other defense or the application of the law relating to contributory negligence) to prove that the authority had taken such care as in all the circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous for traffic.

(2) For the purposes of a defense under subsection (1) above, the court shall in particular have regard to the following matters:—

(a) the character of the highway, and the traffic which was reasonably to be expected to use it;

the standard of maintenance appropriate for a highway of that character and used by such traffic;

© the state of repair in which a reasonable person would have expected to find the highway;

(d) whether the highway authority knew, or could reasonably have been expected to know, that the condition of the part of the highway to which the action relates was likely to cause danger to users of the highway;

(e) where the highway authority could not reasonably have been expected to repair that part of the highway before the cause of action arose, what warning notices of its condition had been displayed;

but for the purposes of such a defence it is not relevant to prove that the highway authority had arranged for a competent person to carry out or supervise the maintenance of the part of the highway to which the action relates unless it is also proved that the authority had given him proper instructions with regard to the maintenance of the highway and that he had carried out the instructions.

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The problem is I dont think it was there that day before as i came home from work the same way and didnt see it, there were no warning signs either. There has been a fair bit of damage to the roads around here recently due to the amount of rain we've had too.

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My IS is blue they will be replacing the bronze wheels i currently have on, thinking about writing to Blackburn council to see if they will pay for the damage! don't fancy my chances but hey if you dont ask you dont get

Hello mate sorry about your wheel...a few years ago i done the same thing but the pot hole i hit blew my tyre and bent my alloy ( old rover 200 ) so i took some photos of the hole from few angles messured the depth and then complained to the council...in fact its the Highways aggency for the council that you need to write to and explain what had happend show them pics of wheel and evidence of the hole and you should get a full refund..i did and got the money for back for the alloy and the tyre.....as you say dont ask dont get..!!

anyway good luck hope you get it sorted.. :)

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I've not been having a lot of luck with my wheels recently managed to keep all 4 nice and unkerbed for 9 months then managed to do 2 inside of a week then yesterday morning on my way home fom work hit a mahoooosive pot hole (caused by all the rain recently) and bend one of them. Still just ordered a new set - what do you think?

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hi,they look nice wheel...

what size are they 18s ? width ? off set ? :)

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I hit a large pothole on the way home one nite and absolutely shat one, I thought i'd lost the wheel or even just the tyre, but the following morning when it was light enuff to see, i'd gotten away without damage, but I did notice my inner tyre wear and now need them replacing and my geo done

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