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      01-26-2008, 05:52 PM   #1
dxb335d
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Potholes and damage rim?

I went down a pothole and now at speed i can feel a noise/ vibration

Do you think it could be buckled? it was 6 am, pitch black and the hole was full of water, was doing 40 in a 40zone. They have now filled the hole


How do i go about claiming?

Carlos
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      01-26-2008, 05:57 PM   #2
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Get a picture quick before they fill in the hole.

Quote:
From http://www.potholes.co.uk/

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 their own pockets.

So we asked a number of owners who have successfully made a claim what to do?

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;


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


(c) 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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      01-26-2008, 05:57 PM   #3
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the title of the thread sounds like a stoned porn movie
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      01-26-2008, 05:58 PM   #4
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already been filled, only days after it happened. What next?
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      01-26-2008, 06:00 PM   #5
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its hard to claim from the council in respect to potholes

my mates dad has had the very same problem a year back , he didnt get anywhere compensation wise, i cant remember the exact details but they have themselves covered with a series of reported levels of complaints about the same pothole before they admit liability

good luck
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      01-26-2008, 06:01 PM   #6
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f*ck it ill have to shell out another 350 for another wheel. This time not my fault.
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      01-26-2008, 06:13 PM   #7
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Keep all your spare parts... who knows, in a years time you might be able to make another 335 that works better than my 320... I think it's a fair swap?!
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      01-26-2008, 06:44 PM   #8
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      01-26-2008, 06:50 PM   #9
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Go find another one nearby and take a picture
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      01-26-2008, 09:56 PM   #10
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Quote:
Originally Posted by COLSEN View Post
Keep all your spare parts... who knows, in a years time you might be able to make another 335 that works better than my 320... I think it's a fair swap?!
lol fuxxing hilarious good one !
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      01-27-2008, 03:50 AM   #11
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ummm Carlos and the mystery wheel saga continues,
i must of done in excess of 1/2 million miles since i started driving some 17 yrs ago and have never had any smashed up wheel problems

and de carlos has trashed 2 in as many months

unlucky mate

Last edited by squeezebm; 01-27-2008 at 09:14 AM.
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      01-27-2008, 03:55 AM   #12
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Carlos,

Before you go out and spend even more of your hard earned moolah, why don't you just see if the wheel needs rebalancing, the impact may have just unsettled the tyre. Might fix it, might not but for the sake of a simple check?

I don't know, I don't make the rules.
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      01-27-2008, 04:37 AM   #13
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Quote:
Originally Posted by dxb335d View Post
I went down a pothole and now at speed i can feel a noise/ vibration

Do you think it could be buckled? it was 6 am, pitch black and the hole was full of water, was doing 40 in a 40zone. They have now filled the hole


How do i go about claiming?

Carlos
You have probably knocked something out of alignment rather than damaged the wheel.

Go to the tyre place and have them balance the wheel first. That will also tell you if it's buckled.

If you still have the problem then you need to take the car to the dealer.
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      01-27-2008, 06:21 AM   #14
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when i see the dealer, What exactly do i need to tell them about the wheel.

squeeze, you do hardly any miles in your bmw tho do you.

One i caught a curb protector which was sticking out, but then again i was close to it. This one is the councils fault.
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      01-27-2008, 06:38 AM   #15
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Carlos, ignore them all, I have a nice set of 14" fox alloys that'd compliment your motor somewhat... I'll swap you all 4 of your damaged 19" wheels, for my unmarked ones... and I'll take the chance that they may need money spending on them!! What d'ya say matey??
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      01-27-2008, 06:57 AM   #16
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Quote:
Originally Posted by COLSEN View Post
What d'ya say matey??
you cant go wrong there carlos ... what a generous offer
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      01-27-2008, 07:04 AM   #17
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Any serious advice..?
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      01-27-2008, 07:09 AM   #18
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fox wheels roole !
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      01-27-2008, 07:10 AM   #19
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Carl just ask them to check the balance and then if it doesn't go away it's up to them to sort it - of course you'll have to pay and then try and get it back from t council

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      01-27-2008, 07:10 AM   #20
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Quote:
Originally Posted by dxb335d View Post
Any serious advice..?
Yep,

http://www.advanced-driving.co.uk/

And,

http://www.specsavers.co.uk/cgi-bin/...name=home.html

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      01-27-2008, 07:54 AM   #21
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Carlos, you and those wheels aint getting on. If I were you I`d get myself some nice light, forged ones.
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      01-27-2008, 07:55 AM   #22
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Quote:
Originally Posted by mikem View Post
Carlos, you and those wheels aint getting on. If I were you I`d get myself some nice light, forged ones.
any recommendations?
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