Wheel Damage

[bonners]

A mate has a Monaro and recently hit a pothole while driving on the Gold Coast. It cracked the wheel and punctured the tyre.

He sent an email off to the Gold Coast Council and in the time it took for it to happen, send the email and get his car back the hole had been filled.

He then then received a letter stating they were reviewing the case. last night he received a letter stating tough luck and that they have a clause stating that they are not liable for any damage.

Was wondering if anybody had had similar situations and results - good or bad. I had an issue once where the council did come to the party and I'm sorry but I think a pot hole that causes that damage could in fact cause an accident and therfore the GCCC should be fitting the bill.

[zorro]

I had 2 wheels/tires replaced years ago by main roads. The council has nothing to do with it, I believe they are under contract by main roads to repair roads not take liability for them.

Unfortunately the problem being is the hole has been filled. I had pics straight away and a stat dec signed by a JP stating what had happened aswell as a report from the nearest tire shop. I also chased my insurer (SuncorpMetway at the time) as to what their thoughts were which said I had done the right thing.

Took me about 3 months but eventually got the wheel repaired by Main Roads. They tried the 'we are not liable' but my instance wasnt a pothol was graded bitumen with a 3.5" lip and in a 40kph zone was still enough to stuff 2 wheels.

[bonners]

Thanks Ash. I told him to talk to Main roads straight away which he did and then they wrote back telling him it was a council road and that the complaint would be forwarded to them.

I did tell him to take photos but as I said by the time he could get back to that road (within 2 days) the hole was fixed.

I have told him to keep fighting it.

[Hellbent]

One friday night driving in the rain, from ipswich i got on the old logan motorway entry ramp.....bit of traffic moving slow and noticed a group of cars ahead parked on the side of the road, 2 secs later BANG!......
I knew straight away why all the cars were parked.
Water had filled 1 of the biggest holes in the road i have seen.

Rang main roads......sorry the toll road is QLD motorways problem.
Rang QLD motorways.....telling me where the toll road actually begins....thats main roads, sorry.
Rang Main roads again.....oh that section of road is under works...you will have to ring the contractor.

After 14 weeks, numerous emails, signed affidavit, pics and quotes.........

They came good....wheel $450 and tyre $895. worth the fight :box:

If it is a public road and there is a hole causing damage....someone has to be liable.

[bigdogdazza]

Exactly what I think! If they are willing to receive tax from petrol,tolls,rego etc for roadworks/maintanance then they should also be liable for any damage caused to your car by using these facilities. FTG cough up mongrels!:flipoff:

[LS1-5.7]

Bonners, I've been through this (buckled rim/tyre ok) and my success relied on some important aspects. a) I had photos of the pothole, luckily as it was filled in the day after they got my claim. b) I had suppporting documentation from a tyre shop to state that the rim could not be balanced due to "impact" damage sustained whilst hitting the pothole. c) My unrelenting tenacity to see it through till the end. In Sydney the main roads are controlled by the RTA and the side streets by the respective councils. It is crucial that you know who to send the bill to. All this may not help him now, but is worth remembering for all of us to gather facts to support a claim of this nature. Oh and by the way, yes I got a cheque for a new rim about 4 months after originally putting pen to paper. stick to your :outlaw: folks, it is worth it in the end.

[tsute]

Hellbent, Maybe I hit the same hole. I have a VE SSV ute with HSVi 20 and both right hand side tyres suffered sidewall damage and 1 bent rim, all up $2600 to replace. It only took about 3 weeks to get money from the Toll Roads.

By the sounds of it I was lucky.

Bonners I would be hitting up the Main roads as well.

Good luck

[Bandit]

:rofl:bad experience too, it was on the stockers Monaro rims I had cracked it badly.
Council requested two quotes which I provided but got rejected.

But I was trying to get some extra $$$ for my set of rims I had in mind anyway so didnt bother me too much, just couldn't get a good resale on genuine Monaro rims :rofl:

[zorro]

actually Adam another thought, seeing as our rego we get stung for road improvement fee Im sure there would be some sort of way to get an arguement based off them not keeping the roads upto standard causing the damage.

The council would have to have some form of public liability insurance, what happens if you walk through it and bust your leg up? AFAIK the only thing that cant be covered is an 'act of god' and in this instance there was no 'divine intervention' of sorts. Tell your mate to find a couple of steelies in the meantime and keep battling