Quizzes & Puzzles1 min ago
Can i claim for ruined tyres due to inadequate signage?
4 Answers
My partner started a new job on the 21/07/08 and was taking various journeys to work to find the quickest route. On 25/07/08, he took at route he hadnt taken before along a dual carriageway, and he approached a junction. Shortly after this, there was a 100yard sign advising of roadworks. There was no-where for him to turn off or leave the road at this point. He was then forced to ride through a line of cones taking him from lane one to lane two and resulted in him riding through freshly laid tarmac and loose chippings.The bike became unstable as it picked up allsorts of stuff from the road which stuck to the tyres, but he made it slowly to work, allbeit late.
Six hrs later he rode home. Unfortunately it had rained and the roads were still wet when he rode home. The tyres became slippery and dangerous with the loss of traction and he had to stop mid journey and get the bike recovered home. We've done our best to scrub the tyres and get most of the tarmac off, but his confidence in the tyres has gone and loss of traction could prove unsafe.
We wrote to the authority carrying out the works to advise we were going to claim for the cost of new tyres (the originals being 2 mths old) and they have replied via their contractor advising that in their opinion adequate advance warning signs, road work signs and cones were in position and regular checks made. They also advise that "any road use that fails to heed road work warning signs and continue to travel above the regulatory speed limits through such road works could experience this sort of damage". They advise that signage had been in place for one wee prior to the works and they are in no doubt we were aware of this. We do not live in this borough and my partner does not travel this way to his new job regularly. The implication that he was speeding is untrue. Is there any advice anyone can give as to whether it is worth pursuing this case.
Thanks all.
Six hrs later he rode home. Unfortunately it had rained and the roads were still wet when he rode home. The tyres became slippery and dangerous with the loss of traction and he had to stop mid journey and get the bike recovered home. We've done our best to scrub the tyres and get most of the tarmac off, but his confidence in the tyres has gone and loss of traction could prove unsafe.
We wrote to the authority carrying out the works to advise we were going to claim for the cost of new tyres (the originals being 2 mths old) and they have replied via their contractor advising that in their opinion adequate advance warning signs, road work signs and cones were in position and regular checks made. They also advise that "any road use that fails to heed road work warning signs and continue to travel above the regulatory speed limits through such road works could experience this sort of damage". They advise that signage had been in place for one wee prior to the works and they are in no doubt we were aware of this. We do not live in this borough and my partner does not travel this way to his new job regularly. The implication that he was speeding is untrue. Is there any advice anyone can give as to whether it is worth pursuing this case.
Thanks all.
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You have to show that they did something wrong or ought to have know that what they were doing could cause a problem. It will be very difficult to prove that their was something incorrect with the way the road surface was laid and equally difficult to evidence that your partner followed the speed limits absolutely.
Your partners bike insurance may have legal cover, so talk to them. if he doesn't have legal cover you should be able to find a conditional fee (no win no fee) solicitor in your local area. Your local CAB will know of at least one.
Your partners bike insurance may have legal cover, so talk to them. if he doesn't have legal cover you should be able to find a conditional fee (no win no fee) solicitor in your local area. Your local CAB will know of at least one.
No 'no win, no fee' solicitor will be interested in this - far too much work for far too little reward.
You could issue a claim using the Small Claims' Procedure in the County Court - it is relatively cheap.
He has the fact that the tyres were so bad he had to be recovered on his side - and he can prove this. He can also prove he had to have new tyres, and the condition of the old ones.
He could take photos of the relevant junction and the position of the first sign, although that will be gone.
He can state why he HAD to continue along that road and was unable to turn round/turn off.
He would be suing for the cost of the recovery and the cost of the tyres so he has a concrete figure to sue for.
You could issue a claim using the Small Claims' Procedure in the County Court - it is relatively cheap.
He has the fact that the tyres were so bad he had to be recovered on his side - and he can prove this. He can also prove he had to have new tyres, and the condition of the old ones.
He could take photos of the relevant junction and the position of the first sign, although that will be gone.
He can state why he HAD to continue along that road and was unable to turn round/turn off.
He would be suing for the cost of the recovery and the cost of the tyres so he has a concrete figure to sue for.
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