Pot holeS

bareknuckle · 26-11-2010, 02:22 PM

5am this morning hit a massive pot hole city bound just after diggers rest exit on the Calder fwy. It managed to pop both tyres on the right hand side and buckle both rims on my tornado ute. Took a few photos of the wheels but not the road As traffic was heavy.filling out an incident report for Vic roAds,are they likely to pay for the damage? All tyres less than 2 months old

Yaw · 26-11-2010, 02:40 PM

Not unless you can prove that it had been reported to them at least 48 hours prior to your incident and that they had done nothing about it.
but if you are the first person to report it it is unlikley.

jaydee · 26-11-2010, 02:52 PM

I've heard of it being done before, try and get a pic of the pot hole when less traffic.

As for whether it has to have been reported I don't know, probably right because how can they fix something if they didn't know it was broken.

Then again people trip over footpaths and sue and win.

Fab · 26-11-2010, 02:55 PM

I hit a pot hole last week and damaged the side wall on the front left.
There's a nice bubble on the side of the tyre.
Second time that it's happened in 2 months too.
Melbourne roads are pretty shocking.

Kryton · 26-11-2010, 02:59 PM

You can try but generally Councils and Road Authorities do not pay out anymore.

XRtowcar · 26-11-2010, 04:09 PM

Tried claiming after hitting a pothole near Mickleham.
Not a hope.
Might be easier trying your insurance.

xisled · 26-11-2010, 04:12 PM

They only really accept claims over $2000 dollars. But if they do not know about it, no chance.

xy500 · 26-11-2010, 05:07 PM

Quote:

Originally Posted by Fab

I hit a pot hole last week and damaged the side wall on the front left.
There's a nice bubble on the side of the tyre.
Second time that it's happened in 2 months too.
Melbourne roads are pretty shocking.

the roads? or drivers? you have to accept some responsibility for driving over a pothole at speed.

Fev · 26-11-2010, 05:07 PM

Well those wheels are like $800 each from Ford, then you've got the $400 tyres. I've heard of people sending out a letter and getting a cheque back for an entire set. Give it a go, make sure you've got lots of pics.

MGGT RAA · 26-11-2010, 05:18 PM

Good luck with it mate, this happened to me 6 months or so ago...
filled in and sent off reports with pics and everything twice and got rejected both times. hopefully you have more luck than i did..

However, when the council were mowing the medians and flicked a rock up onto the bonnet of my mrs ute, putting a huge dint and chipping the bonnet we had a free respray within the week..

Bit hit and miss... good luck though!

**GasoLane** · 26-11-2010, 05:36 PM

Are we talking standard wheels and tyres?

bareknuckle · 26-11-2010, 08:29 PM

yeah standard wheels,the vic roads man said there was about 7 other complaints before me.its a bit hard to see pot holes doing 110kmph at 5am in the morning.went back to take photos and the buggers have patched the hole up.tyres were only about 1 month old.

Franco Cozzo · 26-11-2010, 08:57 PM

Quote:

Originally Posted by bareknuckle

yeah standard wheels,the vic roads man said there was about 7 other complaints before me.its a bit hard to see pot holes doing 110kmph at 5am in the morning.went back to take photos and the buggers have patched the hole up.tyres were only about 1 month old.

Yeah, be prepared to see those holes come back for the next few months, and be continously "patched up" as a bandaid fix, its been happening here all the time.

The road here is looking like a patch work quilt, I might take a photo and enter it into the quilting show.

ThaFlash · 26-11-2010, 09:47 PM

vicroads have been known to change legislation in order to win a courtcase, with that kind of corruption, it is hard to see them paying for your damage.

i hope you do follow it up, may i recommend a friend of mine shaun hardy, a vic traffic lawyer, he has website and a forum where you can ask him for some advice for free.

best thing to do is google search him....

mik · 26-11-2010, 11:48 PM

i wonder if there is any way of finding the parties with damaged vehicles from said pothole/s, vic roads is on us to keep our cars roadworthy to 9th degree, yet some of these potholes and dodgey roads, could end up getting somone hurt.

HUNTER8 · 27-11-2010, 12:11 AM

I've just been through the same thing. $720 damage to rim and tyre.
Put a claim in to the council.
Council forward the claim to insurers.
Insurers deny the claim quoting legislation that "council has a responsibility to maintan the roads but not an obligation".
Speak to my insurance company who tell me it's a waste of time trying to get the money out of the council. Just send a claim to my insurance company and pay the excess.
Classic quote from the lovely ladyat the council ( said with a cynical tone) " if we paid out for every claim for damage to tyres we'd go broke!!!!!"

tezxr8man · 27-11-2010, 01:07 AM

it's getting real bad up here in NQ. won't stop raining and potholes getting bigger and bigger, can't see council fixing at all and when they finally do they half a#s it and they're back 2 days after, lost count of how many people i know with buggered rims and tyres in the last few weeks

XB GS 351 Coupe · 27-11-2010, 01:08 AM

There was a story about this in our local paper, and a council spokesman said that the damage to vehicles is not their fault, as drivers need to take the responsibility and drive to conditions.

Stating that if you hit the pot hole at speed, and did not have time to stop or avoid you were going too fast for the conditions.

I do not really agree, but I can see how this will get them out of paying, as they are basically saying that the reason you hit it is because you were going too fast for the current conditions of the road.

mik · 27-11-2010, 02:45 AM

Quote:

Originally Posted by XB GS 351 Coupe

There was a story about this in our local paper, and a council spokesman said that the damage to vehicles is not their fault, as drivers need to take the responsibility and drive to conditions.

Stating that if you hit the pot hole at speed, and did not have time to stop or avoid you were going too fast for the conditions.

I do not really agree, but I can see how this will get them out of paying, as they are basically saying that the reason you hit it is because you were going too fast for the current conditions of the road.

thats an utter load of crap , we need to be looking ahead for danger not down at the ground.

CODSASR · 27-11-2010, 11:13 AM

a few years ago now my mum git a pothole in ballarat and buckled one of the 18 inch rims she had on the ed xr6. she put a claim into the council they where going to replace it but apparently the rim was from italy and no longer made so they payed for a complete set of el xr6 rims. basicly try vic roads and council and see how you go

xy500 · 27-11-2010, 11:58 PM

Quote:

Originally Posted by mik

thats an utter load of crap , we need to be looking ahead for danger not down at the ground.

yeah, at the ground ahead

fmc351 · 28-11-2010, 01:36 AM

Quote:

Originally Posted by HUNTER8

Insurers deny the claim quoting legislation that "council has a responsibility to maintan the roads but not an obligation".

Classic quote from the lovely ladyat the council ( said with a cynical tone) " if we paid out for every claim for damage to tyres we'd go broke!!!!!"

There is legal truth to that. Despite the high $$ figures in their budgets, they dont have endless cash when you add up all the things they need to spend it on.

A government department can be sued for doing a job badly, but they cant be sued for not doing the job at all. There is a reason for that. There is never enough money in the kitty to do every job today that needs doing, today. They have to prioritise where the dollars go. It is obvious then, that there will be potholes etc that go unfixed for a time, just as there are shoulders of roads that go unfixed for years, just as there are unsealed roads. none of that fixes tyres and rims but you would be screaming your head off if they had to raise taxes by 20%, and that wouldnt eliminate half of the problems. It just isnt economically feasible to expect that.

74_XB_Ute · 28-11-2010, 11:14 AM

I remember here in Brissy a few years ago when Lord Mayor Jim Soorley from memory had a $115,000 farewell party at the rate payers expense. Maybe Lord Mayor Jim coulda got hit fat *** out on the roads in the suburbs to see what needed to be fixed. For every salmon and caviar canape' he stuffed in his mouth it might of went well towards fixing a pot hole or two. There is a difference between pi**ing money into the wind by council and putting it to good use for the benefit of the rate payer in my opinion.

fmc351 · 28-11-2010, 12:02 PM

Quote:

Originally Posted by 74_XB_Ute

I remember here in Brissy a few years ago when Lord Mayor Jim Soorley from memory had a $115,000 farewell party at the rate payers expense. Maybe Lord Mayor Jim coulda got hit fat *** out on the roads in the suburbs to see what needed to be fixed. For every salmon and caviar canape' he stuffed in his mouth it might of went well towards fixing a pot hole or two. There is a difference between pi**ing money into the wind by council and putting it to good use for the benefit of the rate payer in my opinion.

They currently have a 2.8 billion dollar budget. 115k is small potatoes. Yes I know, it would fix many potholes.

I wonder how the city of Brisbane would be viewed if it only sprung for a happy meal for guests at a function.

74_XB_Ute · 28-11-2010, 12:30 PM

More importantly how would the City of Brisbane be viewed when people come to spend their holiday dollar. "City Hall was nice but the roads were crap to drive on"
Anyway...that was some time ago under Soorley....majority of Brissy is looking good or getting better thanks to Campbell Newman. He's doing a great job in my opinion.

BomberXR · 29-11-2010, 12:31 AM

Quote:

Originally Posted by bareknuckle

5am this morning hit a massive pot hole city bound just after diggers rest exit on the Calder fwy. It managed to pop both tyres on the right hand side and buckle both rims on my tornado ute. Took a few photos of the wheels but not the road As traffic was heavy.filling out an incident report for Vic roAds,are they likely to pay for the damage? All tyres less than 2 months old

Hi mate,

I live in Gisborne and travel to Melbourne for work...I know that particular stretch of the Calder hwy very well. Going to work this morning (Sunday 28/11) the right hand lane where the pot holes are you hit is now closed and blocked off with hazard poles/barriers and Vic Roads??? have parked a work ute with hazard/warning lights flashing in behind the barriers. It was still there at 10:30 pm tonight when I was coming home. It appears that no repairs have started as yet but your claim/complaint has moved them to some action. Reckon it will screw with peak hour traffic too with only 1 lane open. Good luck with your claim...

**Silver Ghia** · 29-11-2010, 02:38 PM

Quote:

Originally Posted by BomberXR

Hi mate,

I live in Gisborne and travel to Melbourne for work...I know that particular stretch of the Calder hwy very well. Going to work this morning (Sunday 28/11) the right hand lane where the pot holes are you hit is now closed and blocked off with hazard poles/barriers and Vic Roads??? have parked a work ute with hazard/warning lights flashing in behind the barriers. It was still there at 10:30 pm tonight when I was coming home. It appears that no repairs have started as yet but your claim/complaint has moved them to some action. Reckon it will screw with peak hour traffic too with only 1 lane open. Good luck with your claim...

There are nasty potholes on the left side on the left hand lane just past there as well, so be careful on that side as well.

pulpist · 29-11-2010, 04:22 PM

There are no potholes in Adelaide

**GasoLane** · 30-11-2010, 04:08 PM

Quote:

Originally Posted by fmc351

There is legal truth to that. Despite the high $$ figures in their budgets, they dont have endless cash when you add up all the things they need to spend it on.

They do however have insurance.

A few years ago here they 'realigned' a main rd in the summer which caused a major dust problem for some residents. The residents complained and council said fill in the forms and the insurance will fix it.

The same with our multimillion dollar 'beautified' main st. The footpaths worked like they should, until they got wet, they then became something like an ice skating rink. Again numerous people lodged claims with the council.

fmc351 · 30-11-2010, 05:02 PM

Quote:

Originally Posted by GasOLane

They do however have insurance.

A few years ago here they 'realigned' a main rd in the summer which caused a major dust problem for some residents. The residents complained and council said fill in the forms and the insurance will fix it.

The same with our multimillion dollar 'beautified' main st. The footpaths worked like they should, until they got wet, they then became something like an ice skating rink. Again numerous people lodged claims with the council.

That falls under doing the job badly, misfeasance, and they are liable in court for misfeasance which is why they have insurance for that. However, if they do nothing at all, as in leave the pothole unfixed, then that is non-feasance and a council has no liability there. If they try to quick fix it and stuff it, then they are liable under misfeasance. It is a bit more complicated, but thats the gist of it.

At any given time, a council probably has works to perform that are 2 or 3 times their budget. They just cant do it all and courts recognise that limitation on the public purse. There is a limitation on that protection though, but that is much more complicated.