stupid f***ing council

daz08 · #1 15-06-2005, 07:42 PM

A few months ago i was driving home down a reasonably narrow road. A truck was coming towards and was over the middle of the road in my lane, so i moved to the side of the road so he didnt hit me and BAM! Hit a pothole and poped 2 tyres, broke the front rim, bent the second one and rooted my suspension. On the way home the towie said i should get the council to reimburse me for the damages that the pothole had caused. Taking his advice i called the council to try and get me some money thinking i have a good chance.....3 months later i get a letter saying "We advise that council cannot be held responsible for any hazards on the subject roadway which arise through ordinary wear and tear" Wot crap!

cause they dont keep the roads maintained i have to fork out over $2500 for new wheels and my suspension fixed. I have called my insurance and they say there is nothing i can do...
Has any1 else sufferd the same ordeal as i have?
Or does any1 have any ideas on what i can do??

DaZ

v8bike · #2 15-06-2005, 08:18 PM

I would go to your local member of parliment.
I work for a council in Adelaide, and they would probably wear that cost. After hearing from an MP.
But don't quote me.......

Garth · #3 15-06-2005, 08:34 PM

depending on what shire you are in, im down at the gold coast shire, and i know of a few guy's who have taken this up with council, and succeded, one as casue the gutter was to high, he couldnt get his car up, as a result he had to park on the street, his car was trashed, so council had to get it fixed, it was a ford mustang, even though it was a ford, it was a old mustang, and it was beutiful to look at

my driveway at home, the road is to low, they dug it down to low, i bottom out each time, so they came out and raised my section of road for me

so yeah, the goldcoast will, just have to keep on their back

cheers
garth

MoSkA · #4 16-06-2005, 11:42 PM

That's pretty crap.
Like Garth said, keep on their back, take it to A Current Affair or Today Tonight or something, they'll have fun with it.

Wombat · #5 17-06-2005, 12:17 AM

That sucks.
I know how you feel about councils not cleaning up or repairing thier road works mess...I know a few motorcyclists who've slid down the road because of gravel left spread around on a corner after roadworks, and I've had a few close calls myself but never actually come off.
Basically the only reply you will get from council is that they might have a look at the problem...if you push it further, as a friend of mine did, you will most likely get the answer that it is basically your fault for not keeping an eye out for changing road conditions...I kid you not!
Our main street quite a few years ago was changed from a traditional two lane each way set up with central parking to a single lane each way with two rows of center parks and paved areas for pedestrian crossings. The pavers being run over by cars constantly means they have to be repaired and relaid all the time. The number of old people who have gone arse over tit on tipped up pavers and hurt themselves is amazing...my late father even broke his arm falling over on them when he was eighty years old...no-one needs that **** when you're that age! The council merely sends out crews to relay thier pretty pavers at who-knows-what cost to the ratepayers, instead of putting in simple damn concrete and being done with it.

As I said, good luck trying to push it further, but unfortunately the realist in me says don't hold your breath...

daz08 · #6 17-06-2005, 07:34 AM

The council rekons they are not liable because no1 else had made a report about the hole before i hit it. So ive given the local MP a call n hes given me a number for sum1 else and he'll prob give me a number for sum1 else and theyll all just keep palming me off.....bastards

vkberlina · #7 17-06-2005, 12:12 PM

You need to prove negligence some how. Did the ocuncil promptly send a road crew out to fix the pothole after you reported it?

cheers
Scott

daz08 · #8 17-06-2005, 12:14 PM

Yea they fixed it within a week

daz08 · #9 17-06-2005, 12:18 PM

ive called my insurance company aswell and they said besides making a claim through the council or themselves theres nothing i can do..... but still waiting to hear from the local MP.

burnz · #10 17-06-2005, 01:05 PM

Quote:

Originally Posted by daz08

A few months ago i was driving home down a reasonably narrow road. A truck was coming towards and was over the middle of the road in my lane, so i moved to the side of the road so he didnt hit me and BAM! Hit a pothole and poped 2 tyres, broke the front rim, bent the second one and rooted my suspension. On the way home the towie said i should get the council to reimburse me for the damages that the pothole had caused. Taking his advice i called the council to try and get me some money thinking i have a good chance.....3 months later i get a letter saying "We advise that council cannot be held responsible for any hazards on the subject roadway which arise through ordinary wear and tear" Wot crap!

cause they dont keep the roads maintained i have to fork out over $2500 for new wheels and my suspension fixed. I have called my insurance and they say there is nothing i can do...
Has any1 else sufferd the same ordeal as i have?
Or does any1 have any ideas on what i can do??

DaZ

overhangin tree's/power lines/shop front awnining,are hit bye truckes every day the local council is responsable; sue them they do pay

coolvl · #11 29-06-2005, 12:57 AM

i agree with the guy above sue them! of course they will deny liability but it would appear to be a straight forward case especially if they sent a road crew out to repair it.Do lots of research first so you know the risks, you may even be able to take them to a civil tribunal here the costs would be less and your chances of winning increase because usually no legals allowed. I did that to Sony playstation and won 3grand because they make a poor quality system so while your case is different it would be worth looking into.

Koontz · #12 29-06-2005, 01:51 PM

Quote:

Originally Posted by coolvl

I did that to Sony playstation and won 3grand because they make a poor quality system so while your case is different it would be worth looking into.

please elaborate how thier system is poor quality and cause you grief?

Axel · #13 29-06-2005, 10:07 PM

Quote:

Originally Posted by daz08

A few months ago i was driving home down a reasonably narrow road. A truck was coming towards and was over the middle of the road in my lane, so i moved to the side of the road so he didnt hit me and BAM! Hit a pothole and poped 2 tyres, broke the front rim, bent the second one and rooted my suspension. On the way home the towie said i should get the council to reimburse me for the damages that the pothole had caused. Taking his advice i called the council to try and get me some money thinking i have a good chance.....3 months later i get a letter saying "We advise that council cannot be held responsible for any hazards on the subject roadway which arise through ordinary wear and tear" Wot crap!

cause they dont keep the roads maintained i have to fork out over $2500 for new wheels and my suspension fixed. I have called my insurance and they say there is nothing i can do...
Has any1 else sufferd the same ordeal as i have?
Or does any1 have any ideas on what i can do??

DaZ

Take the bastards to court!

coolvl · #14 04-07-2005, 01:34 AM

no probs koontz i bought a ps2 release day and two weeks after warranty ran out it died. then they wanted $150 odd to fix it which i thought was rather steep considering the selling price had dropped significantly so i did some research on it. I found that Sony settled a civil suit in USA, regarding the exact same problem, giving buyers an extended warranty and refunds of repair costs. unfortunately Sony called my bluff and didn't think i would persue the matter but as i had spent over 3grand on the console , games steering wheels guns etc i felt that sony should act in a responsible manner towards it's customers so i took them to vcat and won.Dont get me wrong i love the product i just dont like the management nor the way they manufacture their consoles. Further proof of their poor manufacturing quality was supplied by a a repair workshop that constantly repairs faulty lasers which die usually between 12 and 18 months.