Anyone successfully sued the higheways agency?

[S4Avant_Owner]

Me = thoroughly p1$$ed off at the moment.

Had my car for 10 days and as my train was cancelled decided to drive it in to work.

Filled up with petrol at a station Ive never used before and the road layout is bizarre to put it lightly. You pull off a slip road on a dual carriageway and are promptly faced with 2 way traffic - although traffic has nowhere to go if it comes towards you as you cant pull out onto the dual carriageway as you'd be going head on into traffic...!!! Weird to say the least as all that is there is a Little Chef and the petrol station, with a very small side road which seems to lead to a church. Only way out is back on to the dual carriageway at the other end... Probably not making much sense so no point me describing it any more.

Anyway, the road has no street lighting at all and as you reach the other end, the road layout changes with no warning whatsoever.

The road goes from two lanes to one, with the left hand lane being replaced by a kerb, so if you are driving in accordance with the highway code (left hand lane) you are suddenly faced with a kerb directly in front of you. There are no signs to warn you it's there and no road markings.

At 6am in the morning, it's pitch black due to no street lighting. The road is leading out to a dual carriageway, so you have to look backward over your right shoulder to see if there is anything coming before you pull out.

So, muggins is accelerating out to get onto the dual carriageway, looks over his right shoulder to check for traffic, turns back to make sure road is clear... and OH <beep>! Theres a kerb! CLUNK

There go two of my alloys and two tyres. I hope there is no damage to the suspension too, although I drove it 200 miles yesterday and didn't notice any probs.

That said, two Avus III alloys and two new 235/40's are probably going to set me back the worse side of a grand. No way in hell I want to pay for that when the highways agency are to blame in my opinion.

Wondering if anyone else has taken them to small claims court and succeeded before I start bringing in a lawyer?

Thanks

[ChrisG]

Highways Agency would only be involved if it is a trunk road (??) Otherwise I believe it is the Local Authority, CountyCouncil (or Borough/Unitary if they are the Council).
I had an ex -work friend who successfully got a new tyre out of Berkshire County Council's agents ( it was outsourced to Babtie) - due to pothole damage. Many have insurance, or used to, Berkshire at one stage were threatened by their insurance company with withdrawal -- too many claims I suspect !
I'd also want a full alignment check.

[TWH]

Sadly I don't know whether you can get them for this, but it's gotta be worth a go. I too know of people who have successfully got new tyres/wheels because of potholes in the road. There's something wierd along the lines of, if they dodn't know ot it's existence then you can get money from them, but if they did then you can't. I'm sure that can't be quite right but I've heard something to that effect.

Sounds like a real genius bit of road design, good luck getting the bastards. Sorry I couldn't actually offer any practical advice!!

[S4Avant_Owner]

Thanks guys. All advice greatfully received. Going to go and take some pics this weekend of the area and might even take my video camera at night and get someone in the passenger seat to take some footage. I'm surprised nobody has had a major accident there :/

[simple1]

I hit the mother of all holes one dark wet night, destroyed two wheels and tyres on the oil burner, and so did several others who were all parked round the corner from the hole. When I tackled the local authority, I was told that even though they were not aware of the hole, because they had inspected the road a week earlier, that excempted them from responsibility. My Solicitor confirmed this as correct and I was left to buy two wheels and tyres.

[peterb]

IWhen I tackled the local authority, I was told that even though they were not aware of the hole, because they had inspected the road a week earlier, that excempted them from responsibility.

I've had a similar experience with Reading Borough. Because they have a 'policy' of regular inspections (6 monthly in the case of the road my incident related to), they had no legal liability.

It appears that they do not have to furnish proof that the inspections are carried out - the policy is sufficient to let them off the hook! Bah!

Part of my claim related to ridiculous placement of a traffic calming measure which has obviously been in place for some years (a 6ft 6in width restriction, placed within a car's length of a blind junction - the sign giving prior warning having been damaged and unreadable), they appear to have legal immunity.

[ChrisG]

[quote="It appears that they do not have to furnish proof that the inspections are carried out - the policy is sufficient to let them off the hook! Bah!

.[/quote]

I think that under the freedom of information Act you should now
have access to thi s type of info (since 1st Jan)

[peterb]

Perhaps you can get the information now, but I gather that the law relating to this immunity accepts the policy to inspect is sufficient, whether they actually implement the policy or not.

[simple1]

Update on this, I have a solicitor in-house at work is:
If you hit a hole that has yellow paint arond it, you would have due cause to sue, it means that the road has been inspected and that the Highways Agency is aware of the defect.........any other case and you are sunk. In the case of something perminent being built, it is the Town Planners you have to talk to, the Highways Agency would only being carrying out the planners demands...........

[LSWP]

i can lend u a can of yellow paint if u like....

[simple1]

carry a tin of yellow spray chalk in the boot now.............