Me Vs Council

[ianjb]

Last night, driving home in the wet i came around the corner at a set of lights, as you go around the corner the road turns down a hill and about 5m after the corner is a giant concrete Island that makes the lane really thin. This thing is barely visible in the dry but in the wet i had no chance of seeing it.

Anyway long story short I hit the damn thing quite firmly (wasn't driving stupidly) and it has damage both drivers side wheel's and the front bar. puncturing the front and there is a crack in the rear tyre side wall, but it hasn't gone flat, Yet.

Now there is no street lights there, no keep left sign or anything on this island to suggest it's there.

I went up there this arvo and the concrete island is covered in rubber marks and has mass damage all over it from other people hitting it.

My question is, Has anyone ever tried to get the council to foot a bill?

If so, how'd it go?

NOTE: not after legal advice, after experience stories only.

Edited November 23, 2011 by ianjb

[N1GTR]

If you do a search in this area for wheel damage threads you'll see some council employees giving advice/stories based on real experiences

I'd use the word "council" on the search form and it should come up. If I wasn't on mobile I'd do it for you

[zebra]

Honestly I feel but you....

....buuuutttt,

I don't like your chances, In the councils/police/who evers eyes, it would be no different if you drove into a 20ft wide bridge pylon.

If it was a great big pot hole or a tree branch etc than you would have a good chance,

But since it is meant to be there they will say the whole "should have driven to the conditions and if you couldn't see properly you should have slowed down" crap.

Did you get photos on the night and showing your car there with the damage or witnesses?

Looking at the pics there are painted lines and cats eyes to mark where it is, it also looks to be 10-15m, maybe more.

Councils very rarely just pay up...even guys who have hit pot holes etc haven't gotten anywhere. (myself for one)

By all means send them a letter stating your claim, It can't hurt, but to me its quite well marked, and without proof that the divider caused the damage (and it was due to council negligence) you will be running against the wind.

Edit - Or do what stevo said...i do recall a few NSW threads about pot hole damages

[cannabiscorpse]

Thats f**king ridiculous! It looks like that island is pretty well entirely in the lane coming down the hill from the photos, looking at the lines on the road anyway.

Like you said, it makes it very thin. I would of thought they would be required to put the standing cat eye reflector or something similar on it. That sux man.

[The Bogan]

Double unbroken lines with cats eyes, all they will probably say is you were to far to the right hand side of the road and crossed the lines.

To hit it you would have had to be on or over the lines anyway.

By the law of signage and street furniture its marked correctly.

Sorry.

[Kujotk]

Unfortunately No chance in a million years.

Next time only drive as fast as the conditions allow and try not to cross double unbroken lines, there is a reason why the white concrete block is there, obviously people take that corner too quickly and cross to the other side of the road which is a big NO NO.

I wouldn't be surprised if it was put there because someone came around that same corner and had a low speed head on accident there.

Good driver driving class 101: always drive to the conditions.

I bet you really shit your pants when you hit it though and didn't know why the car was jumping around.

Just an unfortunate accident.

[Marsss]

^^ this

sorry to hear about yr car though

[ianjb]

I wouldn't be surprised if it was put there because someone came around that same corner and had a low speed head on accident there.

No, it's there cause there is a child care center driveway. It's to stop people trying to turn in or turn right from their.

[The Bogan]

So its there for a good reason.

[ianjb]

So its there for a good reason.

Good reason? maybe. Horribly implemented? definitely.

Looks like I'm not gonna bother with the hassles TBH.

Wheel repair guy says don't bother.

X neighbor road line painter says go for it (he recons there are a bunch of legalities with the paint markings that i could claim.)

at $220 each to repair it looks like I'm now in the market for 2 new(or used) Advanti Racing 18" Stalker wheels, a set of 4 stock R33 GTS-T wheels or it's time for a totally new look.

Either option, a giant "thanks alot" to Baulkham Hills council for putting it there & Mother Nature for conspiring to for force this upon me.

[zebra]

ahhh it is in Baulkum hills, though I recognized the area.

It does suck, I cracked 2 very expensive looking VOLK rims down in vic a few years back, I got nowhere either

[belo]

Sorry to say, but as in the above post you have next to zero chance.

The island is more than likely to meet the minimum requirements stated in the Austroads/RTA road design guide..

It has been put there for a reason.. and not to seem rude or anything, but thank your lucky stars that there wasnt a car coming the other way and you ended up into it..

sorry bud but your better off copping it on the chin and just getting the car fixed through insurance/out of your pocket and driving more cautiously in the rain

[D_I_F]

From my experience of being in the insurance industry it's quite difficult to be able to prove that the council is negligent.

Basically you are supposed to be driving to the conditions of the road. I've only ever seen 1 or 2 councils actually foot the bill. But in this case you have better chance of marrying Jen Hawkins.. haha

[Kujotk]

But in this case you have better chance of marrying Jen Hawkins..

Well OP, I guess you might as well start trying for Ms Hawkns then, who cares about the car if you have that...

PS: Post up a video of it afterwards

[ianjb]

Next time only drive as fast as the conditions allow and try not to cross double unbroken lines, there is a reason why the white concrete block is there, obviously people take that corner too quickly and cross to the other side of the road which is a big NO NO.

I wouldn't be surprised if it was put there because someone came around that same corner and had a low speed head on accident there.

Good driver driving class 101: always drive to the conditions.

Sorry to say, but as in the above post you have next to zero chance.

The island is more than likely to meet the minimum requirements stated in the Austroads/RTA road design guide..

It has been put there for a reason.. and not to seem rude or anything, but thank your lucky stars that there wasnt a car coming the other way and you ended up into it..

sorry bud but your better off copping it on the chin and just getting the car fixed through insurance/out of your pocket and driving more cautiously in the rain

Thanks for judging my driving despite nothing ever giving you 2 an opportunity to do so.

But in this case you have better chance of marrying Jen Hawkins.. haha

I like this idea. ALOT!

[D_I_F]

Better idea then trying to recover from hills shire council if you ask me. lol

[Hiroshima Screamer]

id put in for the bill ,you dont know until you try, whats the worst they can say..NO?? dont ask , dont get!

[vorse]

One of the girls I know punctured a tyre in a pot hole aswell as buckling a rim only reason she was able to get compensation was because of the photos she took of the car in The pot hole

[ianjb]

One of the girls I know punctured a tyre in a pot hole aswell as buckling a rim only reason she was able to get compensation was because of the photos she took of the car in The pot hole

I'm not too keen on getting my car back up on this this thing any time soon

[The Bogan]

I build roads for a living, and I am also a driving instructor, as I stated before its legal and within regulations, bit like driving on a flooded road and hitting the gutter, if the road was flooded you should drive to the conditions, which in this case would be traveling at a slow enough speed that if you hit a obstacle you would be traveling slow enough to do minimal damage, i.e damage to front bar, but as you have done damage to the front and rear tyre they will say you were traveling to fast for the conditions, you have stated the road was flooded, so by rights you should have been negotiating the road at walking pace.

This is a big problem with licensing, they teach people to drive in good conditions, but what about floods, emergency stops, and other adverse conditions, you need to be able to read the road in all conditions, saying that you didn't see it doesn't cut the mustard.

Have you driven this road before ?

I'm not taking the piss, I have to investigate things like this for work, as would someone from the council.