Got A Question For Yas

[jasont82]

hey guys got a question for yas.

if your car is stock height and you drive into a driveway and scrap the shit out of your front bar can you sue the council for the damage? or even if you arnt stock height but are still at the legal height of 100mm?

[FLYIN_HiGh]

Just mount the curb slow and at and angle dude. have fun trien to sew the council..

[Johnny Cash]

Why would you imagine the council would be liable for you driving your car in such a manner that it causes it to scrape against the driveway? If anything, they should sue you for damaging their driveway with your car...

[Big Rizza]

Why would you imagine the council would be liable for you driving your car in such a manner that it causes it to scrape against the driveway? If anything, they should sue you for damaging their driveway with your car...

Yeah I totally agree. I don't think the council will pay for damage caused by an impact due to a drivewy lip being too high. In the same way they won't pay for damage to your car caused by an impact due to the posted speed limit being too high.

[Mr Italy!]

Your kidding right? What a joke.

The judge will tell you to go away and learn how to drive.

[VB-]

yeah, i dotn think ur gonna get much support on here, not to sound harsh, its just reality. where was the driveway anyway? is there any rule as to the angle on a driveway? coz it would make sense that any legal height car should be able to get up any driveway, within limits of course... not EVERY car and EVERY driveway, but i know alot of cars that scrape, and aint even that low

e.g. a stock skyline drivin through an intersection (not a driveway, but still...) at well below the speed limit scapes coz the road has a big mound in it, and on the dip on the other side, hits the groud with sum force. and this was on a main road crossing the princess highway

edit - i am aware the overhang is just as important as ride height, so i dont expect every car to get in every driveway, but most should be able too

Edited May 19, 2006 by VB-

[Evil]

i got the council to modify my drive way! no problems since...

[Johnny Cash]

From a legal point of view, the council are pretty well sewn-up. That's not to say that they're above the law, but you would need a tightly strung case to get them to concede anything.

I know a case that ran against a Metropolitan council a few years back. It ended up running for years, and racked up millions in legal fees. Eventually, the council lost the case, and was ordered to pay costs...

Needless to say, the residents of that council district STILL have a levy in their council rates to make up for the fees paid by the council for losing.

[danielson]

guys, we have rather bad roads in picton, and i happened to smash my front bar and exhaust due to poorly maintained roads. they paid up with out the need for bringing courts into it

[MANWHOR3]

Daniel, they were just being nice. Generally, under the law of tort(where your remedy would lie), you generally have no action against the council.

Agree with what Johnny cash said above.

[racsov500]

my parents built a house in a develpoment a couple of years ago, and for some f**king stupid reason there was a traffic island built right across the driveway. and the house was on the right side of the road and the end of the street was a dead end, so you either had to drive over the island or go to the end of the street and do a 10 point turn (due to lack of parking everyone parks ther cars in the street)

told the developers, they came and shortened the island, so now you can get in, but only just. easier to just drive on the wrong side of the road

[jasont82]

just checking gee wizz just a question! i know a girl who stepped in a pot hole on a foot path and broke her ankle and got 12 grand from the council for there poorly maintained foot path. but you cant get anything for damage to your car for a poorly maintained road?

And for those of you saying i should be sued for daqmage to their driveway and that i should learn how to drive, im not an idiot i mount it on an angle.

why is the legal height 100mm? is it to protect the roads, speed bumps and driveways? or is it to prevent damage to your car?

if vic roads build roads and streets and have a rule of 100mm and i stick to that rule and their road damages my car i should get compensated.

im not saying i will and i know ive got no hope getting it. but i thought fellow car enthusiasts would agree. makes sense to me.

obviously im careful not to damage my car but hey shit happens and when it does its because of crappy roads streets and driveways.

[Mr Italy!]

just checking gee wizz just a question! i know a girl who stepped in a pot hole on a foot path and broke her ankle and got 12 grand from the council for there poorly maintained foot path.

Thats a whole nuther kettle of fish.

[Thunderbolt]

The 100mm rule would be in effect, to prevent you from bottoming out over every dip and bump in the road. Bottoming out can be dangerous, as in extreme circumstances it could cause one or more tyres to lose contact with the road, hense the potential to lose control. 100mm would be the figure decided on, that would prevent you from bottoming out on anything other than the most extreme conditions.

By the way, I have seen plenty of stock cars scrape on some driveways.

Edited June 13, 2006 by Thunderbolt

[zaffa]

Ok lets angle this question from another angle...as we all know to repair a cracked front bar is relatively cheap.

eg

John smith driving down the road in his r34 vspec II and hits a pot hole damaging one of 4000 dollar rims!

What do you think would be the outcome under these circumstances?

[Bec]

I know people who have claimed and won - just remember each case is different.

Have a read of this thread - http://www.skylinesaustralia.com/forums/in...4289&hl=council

Hope it gives you a bit more info

[dangerous_daveo]

From a legal point of view, the council are pretty well sewn-up. That's not to say that they're above the law, but you would need a tightly strung case to get them to concede anything.

I know a case that ran against a Metropolitan council a few years back. It ended up running for years, and racked up millions in legal fees. Eventually, the council lost the case, and was ordered to pay costs...

Needless to say, the residents of that council district STILL have a levy in their council rates to make up for the fees paid by the council for losing.

This brings forward the question, is the counsil hated by its residents for continuing to persuse the case. Or is the resident that sued hated by all for the higher rates

[Blitz]

hey guys got a question for yas.

if your car is stock height and you drive into a driveway and scrap the shit out of your front bar can you sue the council for the damage? or even if you arnt stock height but are still at the legal height of 100mm?

Surely this thread is a joke.

[KLowN]

dont ask us, call a lawyer.

no offense, but majority of us dont know much or as much as we think we know about the law. i myself think i know alot, but do not.

call a lawyer. see what he says.

[Mr Italy!]

We're turning into America. Sueing people for our own stupid mistakes.

Do you really wanna become like them?