Could you sue the council?

p2d

p2d

Member +
Say for example, you damage a wheel on a pot hole, you can sue the council.

What if your car was has a lower arm bar, which got bent by a speedbump? Or say the car was stupidly low and you damaged a bumper on a speedbum/pothole etc?

I know it'd be more hastle than its worth, but could you?

Mike
 
M

Mo_GT

Member +
my guess would be that you would not be able to sue the council as you have lowered your car with full knowledge that it may get caught in the speed bumps, we all know that we have to slow down even more with a lowered car therefore the damage was forseeable and the council is not at fault. with regards to the pot hole that is entirely different and the council can be at fault for not providing reasonable roads.
 
Starlet_Sam

Starlet_Sam

Moderator, Regional Area Reps Supervisor & Gay Car
If standard parts on a standard car were damaged then maybe, but no chance on a modified car, they'll argue that the mods, done at your will, could have caused a massive part in the damage, the car being lowered for example.
 
Rich

Rich

Member +
i know it wouldnt really fly but i'd give it a go. If the modifications you have done are insured and have past an MOT then the vehicle has been deemed roadworthy. So if any damage is then done it should be their fault really.
 
Starlet_Sam

Starlet_Sam

Moderator, Regional Area Reps Supervisor & Gay Car
Rich said:
i know it wouldnt really fly but i'd give it a go. If the modifications you have done are insured and have past an MOT then the vehicle has been deemed roadworthy. So if any damage is then done it should be their fault really.
Click to expand...

Roadworthy and in a stupid position are different things. MOT looks for dangerous or potentially dangerous things, not will someones bumber be damaged. There are strict guidlines about the height and size of speed bumps and as long as the council have adhered to this then there's no point in giving it a go at all. You'll get laughed out of the court room and then charged for the privelidge.
 
p2d

p2d

Member +
Okay, what if you drive a rather nice Lamborghini, which are very low, and that goes *crunch* on a speedbump? Being a standard car, what about then?
 
T

Timmy

Member +
Yes you can claim for it, there are maximum sizes for speed bumps if it is bigger than the legal requirement the land owner is responceable or public roads it's the local council. Any damage due to a pot hole is claimable off the council to normaly for an alloy wheel they don't even make a fuss just take photos and measurement of the hole/speed bump in question and a quote for repair and send it and see where you get.
 
S

Sassu

Member +
you can try to sue... but theres no chance you will win, what to do is take a pic of the "culprit" and the area its in also images of what damage its caused your car and your details and you can claim them!
 
Rik

Rik

Member +
Tried it and didn't work :( The speed bumps white lines had faded so it wasn't possible to see it at all, until too late. They ask all sorts about the car and had to measure distance of bumper to floor and when I gave them the measurement (still stock height just got a Toms bumper) they just make up some crap about having driven over it in a car with same height distance to ground and theres managed perfectly....therefore they won't splash out for repairs. Speed bump was bloody huge as well! No way it was meant for a 20 zone (which it was) more like a get out and push over zone!
 
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Adam_Glanza

Member +
good luck i dont think youll stand a chance, they will say because it didnt belong on the car in the first place why is it on there? they will probably countersue you for having mods that damaged there speed hump haha
 
p2d

p2d

Member +
Im not sueing anyone, my car hasnt moed for months. I just thought about everyone bending LCABs..
 
B

Bourkey

Fresh Recruit
Hi all,

I work at a law firm so i have enquired about this. It would have to be an extremely exceptional case to claim for parts on a car if it is lowered and it is a speed bump as they are for the 85% of unmodified cars on the road that run at a standard height that would get over a speed bump.

However... For a badly maintained road like pot holes or a crappy road surface, You should send a receipt for the item with clear colour photos to your council or the road and of the damage, and they are to refund you the cost of an exact (or very close) replacement. They have to do this as they are legally required to maintain the roads.

Remember they will ignore you to get out of it so send a firm covering letter recorded delivery so you can check it was delivered and don't give up. Threaten legal action and they will soon get there cheque book out.

Hope this helps

Bourkey
 
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GTti

GTti

Member +
Hard, Stiff and Low suspension will be an Advisory Notice in your MOT. So your own fault.
 
siilversurfer_69

siilversurfer_69

Member +
Iv heard of people getting money off the council for damage caused by the salt trucks although this wasnt backed up so it could be false so you might as well ignore this post :p
 
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