Damage To My Car

[ifraz]

After leaving the Cotswolds meet on Sunday, I was driving through Cheltenham along the A40 heading towards the M5 when I heard an almighty bang. I instantly looked through my rear view mirror and noticed a small metal object flying through the air. I realised straight away that it was one of those metal grate manhole covers that are located in the roads. I pulled over the the side of the road to inspect the damage.

I went straight to the front wheel and saw no damage to it. Phew I thought, it didn't damage the car. Assuming that I must have hit it with my front wheel, I never bothered checking the rest of the car, and as I was relieved to see no damage, I sat back in my car with a smile :) on my face and drive off.

I only noticed the damage this morning. The damage was to the rear wheel and tyre, and to the bodywork. :(

So my question is, do I have a case against the council or any other authority for the damage to my car? The small metal cover must have been lose for it to shoot up the way it did when I drive over it. Surely this shouldn't have happened.

Here are the piccies

Showing damage to Wheel

Showing damage to body

Showing both damage areas

Upset Ifraz :(

[Mr-Lex]

Ouch mate :o , sorry to hear that. Feel for you.

Not 100% sure if you got a case with the authority's but it is definitely worth a shot. Thing's like this shouldn't happen. That's why we pay road tax etc..

[DUNCAN]

ooooo nasty,

Sorry mate, this happened to me a few years ago, when a car i was driving dropped a wheel down an open manhole cover. The car was undriveable, as it pushed the front wheel through the inner wing.

I took lots of photo's of the car, and also of the manhole, with obvious damage around it, where my car had gouged away the tarmac.

I sent copies of the photo's ,with a whitnesses statement, to the council, who eventually paid for the majority of the damage (7 months later)

[ifraz]

ooooo nasty,

Sorry mate, this happened to me a few years ago, when a car i was driving dropped a wheel down an open manhole cover. The car was undriveable, as it pushed the front wheel through the inner wing.

I took lots of photo's of the car, and also of the manhole, with obvious damage around it, where my car had gouged away the tarmac.

I sent copies of the photo's ,with a whitnesses statement, to the council, who eventually paid for the majority of the damage (7 months later)

7 months seems long time to pay up for your damage which obviously sounds alot worse than mine.

If I had seen this damage when I got out to inspect it on the A40, I would have taken pictures on the metal cover to try and build a case for compensation.

Do you think it's worth me contacting Cheltenham local council, or will I be wasting my time?

[DUNCAN]

Do you think it's worth me contacting Cheltenham local council, or will I be wasting my time?

Sounds to me, you've got nothing to lose.

I'd give it a go...

You may find that someone else ran into it aswell, also trying to make a claim !!!which would prove you were not making it up.

[Chris.S]

If you've got piccies of the damage as evidence then contact the local council, bearing in mind you would probably need to give them the exact location where it happened.

[Zee007]

If you've got piccies of the damage as evidence then contact the local council, bearing in mind you would probably need to give them the exact location where it happened.

Bad news Ifraz - really sorry to hear it pal...

But agree with Chris... give it a go - and be prepared to wait a few months...

[Steve ( West Mids )]

Sorry to hear that.

Yes it would be worth pursuing it ( nothing to lose ).

More importantly go out and check your tyre ..... looks to me like you have a split / damage to the sidewall.

[Fidgits]

Aw mate... gutted for you! :(

Give it a shot, at worst they can only say no???

[Scorpion]

Ifraz, you would also need to find out if it has been reported

by someone else as this will make the procces easier ie:once

you have got the exact location the first question to ask is

has anyone reported a loose drain cover,(then the location)

if when you go back,take photos if the area has been highlighted

with paint marks,then it has?this will make it easier

sued councils on two occasions,but be warned it takes a long time

Good luck

Pete

[Brian Berry]

The Council is closed on a BH so tomorrow if I were you I would contact the Highways Dept in an attempt to locate the defective drain cover and report the incident.

All claims are done through insurance and its a pity you have not got a photo.If its not too far to journey its worth an attempt to return and take one and examine the cover.

Look very closely as applying the Locard principle of exchange it is possible that there may be a smear of blue paint or alluminium on the cover.

I f you are going to do this I advise you attend the scene before reporting it.

Best of luck.

[ifraz]

If you've got piccies of the damage as evidence then contact the local council, bearing in mind you would probably need to give them the exact location where it happened.

All I can remember is that it happened along the A40, just as I was driving out of Chetenham. I can't remember exactly where. I'm going to Worcester next Friday so I could go via Cheltenham to try to find the exact location again to take a photo. I guess it's between 60-70 miles from where I live. But would waiting a week before reporting the incident be too long? Also, I guess the faulty drain cover will be fixed by then.

[ifraz]

More importantly go out and check your tyre ..... looks to me like you have a split / damage to the sidewall.

Yes, it has damaged my new tyre only 1000 miles old :(

The tyre has a slight split in the sidewall. I haven't changed it over as the damage is very light. I should change it over really

[Bluebeard]

No question mate - go for it. Finding the exact spot would help and if the cover is in the same condition your case would be strengthened. Photograph it and also get estimtes for repairs.

As a caring motorist you should report the incident for the reasons as above e.g. someone else may have done. But in any case the authority responsible should be informed in case the same fate befalls anyone else. (also shows goodwill on your part)

Also have a good read of you insurnace policy and looks for words that include uninsured loss recoverey and legal representation - this sometimes is only in the event of you being sued, but the compnay may have the means to represent you.

Are you a member of the AA or RAC - they have legal departments as part of your memberships. Also try looking at the your household insurance policy for any sort of legal representation. At the end of the day it will only cost you a phone call or two.

Above all get the evidence gathered as soon as possible before the person(s) responsible have the time to get rid of anything incriminating.

Put an add in the area paper for witnesses or others that may have suffered from this.

In other words go for the gonads - the biggest thing you will be asked to prove is neglegence on somones part.

Best of luck

[andyhart21]

Ouch mate! Bet that really p****d you off :(

I knew you wouldn't be able to keep those wheels looking like new for long :P

Seriously though, I hope you get it sorted bud :)

[ifraz]

In an attempt to build a strong case for trying to get someone other than me to pay for this, I took a 180 mile round trip back down to Cheltenham today to try to relocate the exact area, try to find the faulty drainage cover and to take some photos.

After a while, I finally found the place where I stopped to inspect the damage so I knew the faulty drainage cover would be around here. But guess what....I couldn't find it anywhere. I was so pi$$ed off. I must have walked up and down that road several times but couldn't find it. Now what...I though to myself. Was it just some debris on the road that I caught with my car or was it really a drainage cover.

One thing I did notice today, which I can't remember seeing on Sunday was road works on that street. I couldn't find anyone working there at the time to ask them when they had started working on the street. I can't say for sure whether they were present on Sunday, but what I'm thinking is that the faulty drainage cover has been dug up as part of the road works.

I still think it's worth me writing to the local Council and the Highways Dept. to see if I can get some money out of them.

Here are the pictures taken today

Showing the RoadWorks

Street Shot A

Street Shot B

[Chris.S]

Funney enough me and Zee drove down that road on the way home on Sunday as well and so did Mat(Wildrnes) because Zee commented that the university seen in the photos looked more like a prison.

I can't remember seeing anything in the road though like a manhole cover or debris.

[ifraz]

Funney enough me and Zee drove down that road on the way home on Sunday as well and so did Mat(Wildrnes) because Zee commented that the university seen in the photos looked more like a prison.

I can't remember seeing anything in the road though like a manhole cover or debris.

Do you remember seeing any roadworks on Sunday?

The University does like a prison.

[rosstheboss]

It looks like a manhole size hole to me .

Definately find out why they are digging there and take them for every penny you can !!

Good Luck !