Hey guys
I noticed recently an article about claiming for car damage from the RMS if you hit potholes etc
My recent damage is relatively minor i.e bad alignment so I thought it's probably not worth the hassle. But was just wondering about the process and if anyone has had luck claiming from them for more serious car damage due to poor road maintenance.
Cheers
I found this one, may not be relevant - Local Tyre Tycoon Bribes Councillors To Not Fix Potholes with Lavish RSL Chinese Dinner
A succulent Chinese dinner, I hope!
In Victoria one has to pay the first $1,400, then VicRoads will consider a claim for the balance
https://www.service.nsw.gov.au/transaction/lodge-public-liab…
I doubt you can claim for wheel alignment however as that's not damage, it's just a regular maintenance item.
EDIT: should also mention I believe the above will only apply to RMS maintained roads. Many roads are the responsibility of the council they're within.
Ok true.
It gets murcky the more I read into it. Apparently councils deny liability too unless they were aware of the pothole needing repairs.
Can confirm, but old case. Hit a pothole while riding a bike, hidden in shadow from street tree. Severe enough to snap the head stem on my el cheapo bike. Saw a GP for shoulder & neck pain. Reported to council, seeking cost of replacement bike part and GP gap payment. Firm "No, but thanks for reporting. We'll get someone onto it."
I mean, sucks that that happened to you - I've been in many similar situations on my bike and yes, it does suck - but think of the precedent it would set if people could seek damages from Council for random things happening due to a very minor level of unmaintained-ness.
You getting your gap and bike parts covered might only be $150 or so but what about when Joe Blow claims that the overhanging branch of a street tree caused him to total his caravan and his wife to need spinal surgery? Like, Councils across Aus would go broke if they had to pay for every single incident that could be partly or wholly blamed on a Council asset.
I don’t drive a lot but recently used a couple of the local highways and what a mess there in (potholes only) some of the holes are quite serious especially for motorbikes.
How they get away with making you pay the first $1400 is beyond me especially when your paying for it EVERYTIME you fill up your tank…
There's been a lot of rain recently. Holes can't be filled with permanent solution when it's wet. Then there's the big backlog.
Alternatively, if you want things done faster, you'll need more crew and machinery and inventory on hand, if you're prepared to pay 2x or 3x your current rates; and have many of these people, machinery, etc. sit idle when we have drier spells.
Or, you know, maybe build them properly in the first place? Like in NZ or Germany.
But I'm already unhappy about taxes, even though fuel taxes are momentarily at the lowest rate since John Howard was PM. Can't you get people to work for free to fix it?
Or maybe finally cut all that government waste everybody knows about but is somehow still a problem no matter who is elected.
Or maybe finally cut all that government waste everybody knows about but is somehow still a problem no matter who is elected
Yeah, bloody governmental "entropy".
Ive had 3 rims bent in last 6 months from shit roads.. First 2 were only <2mths old…
Lat one was nighttime around Berwick road works there was a precipice full of water - there was no way to see it. It was DEEP!
the noise when I hit it scared fark out of me. Then where i pulled up were 3 other cars already there with damaged rims. - and I heard at least 2 more hit it while we were changing tyres in the rain….
250 each time to get them fixed or 300 for new rim… i now have 6.. :(
You've been rimmed … By p**holes.
I think there is some precedent in that council etc can only be held responsible for damage caused by an asset (eg hole in the road) is if they are aware of the problem and have failed to rectify it in a ‘reasonable time’. So if the hole has only just appeared you’re out of luck. If no one has reported it and the road has not been inspected by council in accordance with its schedule you are out of luck. Simply: they can’t be expected to fix what they don’t know about.
As an example, I worked for a council that required inspection of its main road network twice weekly. Potholes over a certain size we’re to be repaired within (I think) 2 working days, signs within 7 days etc. Some residential roads would be inspected by council yearly, and the potholes crews would go suburb to suburb around the area filling holes they found in between fixing reported holes. If a resident reported a pothole in a residential street I think the response time would be around 2 weeks.
What article?