Stupid broken drain cover.... - Page 2

Stefan · 03-12-2009, 08:38 PM

Quote:

Originally Posted by captain awesome

its as though you havnt read the thread. he said the concrete lid was out past the gutter. stupid reply on your part

No I read it, but unless the thing was sticking out half a meter on to the road It should not have been hit and I'm sure plenty of cars negotiated the lid without hitting it. My opinion only.

I wish the OP luck in any case.

anarchyok · 29-12-2009, 12:23 PM

Bit of an update..

Basically, legislation has screwed me. Road Management Act 2004 basically says council not liable for anything under a threshold...my claim was about $350 under it, so they're doing nothing...

Bastards.

Copie · 29-12-2009, 12:46 PM

Quote:

Originally Posted by anarchyok

Bit of an update..

Basically, legislation has screwed me. Road Management Act 2004 basically says council not liable for anything under a threshold...my claim was about $350 under it, so they're doing nothing...

Bastards.

If you dont mind me asking, how much were you attempting to claim?

I hit a pothole between Old bar and Taree on a blind bend approaching a roundabout (for those local to the area) and it damaged the rim, wrecked the tyre, and bent the lower control arm. Total repair cost was 912 inclusive and they paid it out around a week after i sent the letter with the photos + the quote.

anarchyok · 29-12-2009, 04:45 PM

$817...

I think its in Victoria's Road Management act...

I'm spewing...basically my claim didn't get a look in because it was under this amount - whether the council is at fault or not is immaterial...

RG · 29-12-2009, 05:10 PM

Quote:

Originally Posted by anarchyok

$817...

I think its in Victoria's Road Management act...

I'm spewing...basically my claim didn't get a look in because it was under this amount - whether the council is at fault or not is immaterial...

I know exactly how you feel. It's a BS legislation designed solely to protect rubbish councils and shires with no thought of how it may affect people. No matter the circumstances if it is under that magic figure then the council don't have to pay.

Absolutely disgraceful.

Yaw · 29-12-2009, 08:43 PM

I would not be confident of making a recovery on what you have shown here. I would certainly give it a go but regardless of weather it was a pre-exsting thing the council knew about, fact remains its not in the path of the road. and if the tape was there beforehand, that in itself is a clear warning something is wrong which means you should try to avoid it. I cannot see the council would accept liability as they have not done anything negligent whatsoever.

zdcol71 · 29-12-2009, 09:01 PM

Quote:

Originally Posted by anarchyok

$817...

I think its in Victoria's Road Management act...

I'm spewing...basically my claim didn't get a look in because it was under this amount - whether the council is at fault or not is immaterial...

I don't know what the rest of Victoria's Road Management Act says, but if the photo you have posted is the real deal I would be using it as some sort of leverage to sue your local council for deriliction of duty of care. 2 posts and a bit of warning tape 6 inches off the ground should not constitute in anyones book, an attempt to make safe this situation until adequate repairs have been effected. If this were in industry, Work place Health and Safety(government department) would have a field day

zdcol71 · 29-12-2009, 09:07 PM

Iv'e just looked at the photo again and I'm spewing with you mate, your local council or their contractor should be screwed for leaving that like they have.I have just come off the back of 6 months fighting with my local in regards to roadworks at the front of my place and trust me, it does make a difference to make a noise

anarchyok · 30-12-2009, 12:05 AM

After their claims company sent me the letter saying I had no chance, I rang them and was treated like an idiot for bothering to try and claim. I then rang the council a few days later to ask to speak to someone about it...no call back from them, but another call from the claims company checkin I'd understood what they're letter meant (basically saying to stop hasseling the council, its legislation etc...)

Not sure where to go from here...not worth the costs of getting legal advise...

anarchyok · 30-12-2009, 12:07 AM

Quote:

Originally Posted by Yaw

I would not be confident of making a recovery on what you have shown here. I would certainly give it a go but regardless of weather it was a pre-exsting thing the council knew about, fact remains its not in the path of the road. and if the tape was there beforehand, that in itself is a clear warning something is wrong which means you should try to avoid it. I cannot see the council would accept liability as they have not done anything negligent whatsoever.

Not to be rude mate, but carefully read thru the thread...its been clarified a few times, it WAS sticking out into the path of the road at the time of the accident. My wife hitting the cover that was sticking out knocked it down the drain.

anarchyok · 30-12-2009, 12:11 AM

Quote:

Originally Posted by RG

I know exactly how you feel. It's a BS legislation designed solely to protect rubbish councils and shires with no thought of how it may affect people. No matter the circumstances if it is under that magic figure then the council don't have to pay.

Absolutely disgraceful.

Thanks mate - whole thing has left me really bitter about the law system...if money wasn't such an issue, i'd be in a more expensive car, which would have had more expensive damage, over the threshold....it basically penalises the people who can afford it least...I'm lucky that I'm not struggling on the dole with kids or something...i bet some people get royally screwed with it.