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View Full Version : Do councils pay for damaged rims caused by poor roads?



Bigdog1971
20-01-2011, 08:11 PM
So just watched that quality jornalisium ACA after the news and they ran a story on people attempting to claim for damaged rims, shockers and associated bits and bobs, all caused by pot holes and poor road conditions. They had some legal ex-spurt who stated that the RTA and councils are untouchable with regard to claiming back costs of repairs!!
Now I have read a Wheels mag from a few years ago where they successfully recovered the cost of a new rim and tyre that was damaged during a road test. Also a mate of mine was personally sued for damages when a woman was leaving their Tupperware party and slipped over on their wet driveway?
So what gives, we can be liable for our property causing damage but the RTA/council can not?

Has anyone ever heard of a successful claim being leveled on a council.
Now I'm not asking this question cause I have bruised my GTS but I always thought that it was possible to lodge a claim with a local council, provided you provide all the evidence of the damage and the offending hole.
I'm sure that the coming months will be full of damaged cars with the current conditions of our northern NSW and QLD roads post the rains and floods.
So let us know your case.

richo7502000
20-01-2011, 08:15 PM
I had just bent a rim on the MRS new Fiesta.
I rang the council, they told me to send a report in, so I took photos of the area where the damage occured showing the big pot holes, I got a quote for tyres and a rim from the car dealer where i got the car, and i sent them a letter that I had damaged it at this spot and I wanted it fixed.
I received a letter saying that although not responsible they would pay (the full amount on the quote) providing I signed to say i would claim nothing further from this one incident from them, and also had to sign to say I had not made an insurance claim in respect of the damage either.
I received a cheque 2 days later!
So ovbviously a) they are actyually responsible, or b) I was bloody lucky but either way i have cash in hand!

Bigdog1971
20-01-2011, 08:35 PM
Wow! thanks Richo. That is great news, so there is a chance that claims can be made!
May I ask which state the council is in that agreed to pay, interesting if different states have different policy.

I wonder if they would have the same open wallet had you had to claim for a 20' HSV rim and tyre...:shock:

richo7502000
20-01-2011, 09:24 PM
Wow! thanks Richo. That is great news, so there is a chance that claims can be made!
May I ask which state the council is in that agreed to pay, interesting if different states have different policy.

I wonder if they would have the same open wallet had you had to claim for a 20' HSV rim and tyre...:shock:

In Victoria mate....not meant to say which council in my claim, but look where I live :lol:

220isenator
20-01-2011, 09:34 PM
I can't work it out Richo?? :)

Some councils will be better than others and also it depends on how long the pothole or road damage has been there. If it has happened overnight and the council can claim they were not yet aware of it then they will try to get away with it.
However if they have received other complaints about the same area then they will have to pay as there is a record to show their knowledge and negligence in not fixing the issue.

Nurburg608
20-01-2011, 09:51 PM
I'll name and shame, Hume City Council. Bloody roads have been like this for over 14 months. Patch jobs every 3 but they come back worse.

Every council has a duty of care and if it is considered that a "reasonable person" considered that leaving a pothole unfixed could cause damage then they are definately liable, no matter what they say. In Richo's case, it's a scare tactic telling him he can't divuldge info etc otherwise they know everyone would claim ;)

BTW Hume City Council, fix the roads in our estate and leading into/out of you pricks :D

bok1
20-01-2011, 10:42 PM
with the highway upgrades in the mountains at the moment we where travelling well behind other traffic but the traffic heading in the other directions hammered the e2 with rocks.got a quote from the smash repairs with photos of the loose tar and rocks.fulton hogan who are doing the upgrade paid with question.



phil

richo7502000
20-01-2011, 11:13 PM
I'll name and shame, Hume City Council. Bloody roads have been like this for over 14 months. Patch jobs every 3 but they come back worse.

Every council has a duty of care and if it is considered that a "reasonable person" considered that leaving a pothole unfixed could cause damage then they are definately liable, no matter what they say. In Richo's case, it's a scare tactic telling him he can't divuldge info etc otherwise they know everyone would claim ;)

BTW Hume City Council, fix the roads in our estate and leading into/out of you pricks :D

Heheheheh Correct! Mitchels lane just past the basketball stadium claimed our car...they could have hidden the beaumont kids down them potholes!

Nurburg608
20-01-2011, 11:20 PM
Yeah, there's a "special" line that you need to take to bypass all them ;) Shows how long they've been there for as i can drive through and miss them all at speed, however, if you were coming the other way you'd think a drunk driver was coming towards ya, lol

akanives
21-01-2011, 12:41 AM
yup some of the main streets where i live are like that nurburg.
problem is in tassie its a battle of whos fault it is (dunno if same in other places or not)
if its city street its council. if its highway/main road. servicetas (department of transport) this one particular street is the main street that goes from the bottom of burnie to the top of burnie and is considered by all a main street... but servicetas wont take responsibility for it. and burnie council wont either.

grange250
21-01-2011, 10:49 AM
Varies with different areas. In ACT, they will only pay for damage if they "know" about the pothole. In other words, unless you can prove that it has already been reported to them - stiff. Broken strut was the result.
Highways are the responsibility of the RTA and the driver (in NSW) is usually compensated (was told by service agent).
There was a post last October/November on this issue.

Nurburg608
21-01-2011, 10:58 AM
yup some of the main streets where i live are like that nurburg.
problem is in tassie its a battle of whos fault it is (dunno if same in other places or not)
if its city street its council. if its highway/main road. servicetas (department of transport) this one particular street is the main street that goes from the bottom of burnie to the top of burnie and is considered by all a main street... but servicetas wont take responsibility for it. and burnie council wont either.

Yeah, same here, although it's usually pretty easy to find out so long as someone is ready to spill the beans, lol.

BTW Richo,

Funnily enough those potholes were fixed when I went down there this morning :grin:

Stewbaru
21-01-2011, 04:39 PM
Varies with different areas. In ACT, they will only pay for damage if they "know" about the pothole. In other words, unless you can prove that it has already been reported to them - stiff. Broken strut was the result.
.

This same ruling applies in WA.
My wife smashed a rim and tore a tyre on my Outback doing a u-turn when she drove over a broken drain cover. The exposed reo bar tore sidewall on a geolander and also did a great job of engraving the rim. Took photos of grate, street signs, intersection, got a quote etc but was knocked back because the council " had not been previously made aware of the fault, and as a result, had no opportunity to repair it".

This was despite the reo-bar being rusty, indicating long term exposure to the elements, and no rubble on or near the damaged area, indicating the road had been swept by the council?

I rejected their statement, and their lawyers eventually told me I was in a no-win situation.

I asked them whether they would be liable if a kid fell in the drain and drowned, and they went quiet.

Still cost me over $400

richo7502000
21-01-2011, 05:13 PM
Yeah, same here, although it's usually pretty easy to find out so long as someone is ready to spill the beans, lol.

BTW Richo,

Funnily enough those potholes were fixed when I went down there this morning :grin:

Hmm the system works...I have avoided that street since....I go my magic Speeedhump free (well 1 compared to 15) way!

mooks
08-09-2016, 07:53 PM
Hi guys,

Know its a while since you guys posted in this thread, but tonight (Im a Sunbury local too :) ) I got a flat driving over a pothole in Barrington lane (I googled for pothole in Hume and this thread came up. I can say thankfully it wasnt the GTS, it was the FPV so dont hate me ). Can you let me know how you got Hume council to replace your tyre?

Thanks

Mark

grange250
09-09-2016, 03:09 PM
Heads up to all. Foley's Lane roundabout to back gate of Wollongong TAFE. Did repairs to a pipe a few months ago. The patch continues to break up - last count five times in six months. They fill the hole but it breaks again and gets to 300mm deep in a few days. It is a busy roundabout for station, freeway and university traffic.
North/West side to South/East is the danger side.

Andrew_02
10-09-2016, 05:58 PM
Hello all
in a way to this can work in your favour
do what I do ....report the problems I go over heaps of speed bumps asked fed gov't group to fill a dip at the start of one bump
no....it's outside the front gate
called the local shire two days after my call , they looked okayed and basically removed both speed bumps complete what a laugh.
ive had trees removed crossing repainted and street lights fixed.
just use a follow up email quoting your ph call and cc other parties with some cred.
only answer I have for rim tyre damage is a gts is worth buying insurance for I pay $200 a year covers tyres and rims