Register Login
Save up to 15% with Adrian Flux insurance!
Reply
 
Thread Tools
Old 18-03-2015   #1
Join Date: May 2007
Location: Cardiff
Posts: 497
Thanks: 7
Trader Rating: 0
United Kingdom 
Car written off by manhole!

Hello,

Not posted on the forum for the while but I am in need of some help!

I was driving along a length of road where resurfacing was being undertaken and therefore the manholes were proud of the road surface. I had slowed down due to the dodgy road surface, but as I went over the manhole it hit my drive shaft which in turn caused damage to my suspension and steering. As a result my car has been written off. I believe this happened as not only was there the raised manhole, but a pothole on the edge of the road which I think my passenger side wheel went though.

The insurance company will pay (amount yet to be negotiated), but I would really like some advice on trying to get the council to accept responsibility. Mainly because I lose 2 years no claims, have to pay my excess, and my insurance will go up considerably due to a claim for a written off car.

Could anyone give me some advise on this, or point me in the direction of some useful websites/information?

I'm also not sure if I should claim through the local council or the highways agency?

My insurers have already indicated that it will be very difficult to get the council to accept responsibility. Not sure if I should just allow them to pursue this or do it myself?
__________________
Panda 1.2 Dynamic 57
garlicbread22 is offline Reply With Quote Quote 
Old 18-03-2015   #2
Join Date: Aug 2003
Location: Essex/Suffolk border
Posts: 82,255
Thanks: 1455
Trader Rating: 10
dave has donated!
dave is an official FF Advertiser
dave is an honorary friend of the forum :)
United Kingdom 
Re: Car written off by manhole!

if the council new about the fault and failed to fix it they are liable, as it wasnt coned off i reckon you have a case, does your insurance come with legal cover?
__________________
“What is right is not always popular and what is popular is not always right.”
Albert Einstein.
dave is offline Reply With Quote Quote 
Old 18-03-2015   #3
Join Date: May 2007
Location: Cardiff
Posts: 497
Thanks: 7
Trader Rating: 0
United Kingdom 
Re: Car written off by manhole!

No legal cover unfortunately. I want to maximise my chances of successfully challenging the council. There is a lot of information online in regards to damage caused by potholes, but this is slightly different in that its a write off and was as a result of road works as well.
__________________
Panda 1.2 Dynamic 57
garlicbread22 is offline Reply With Quote Quote 
Old 18-03-2015   #4
Big is not always better
 
scout's Avatar
Join Date: Nov 2012
Location: Aylesbury
Posts: 3,230
Thanks: 115
Trader Rating: 0
scout has donated!
United Kingdom 
Re: Car written off by manhole!

If there was a sign that warned you of roadworks or failed road surface then it will be deemed that you were warned so your claim will be rejected.
__________________
Gotta' luv goin' topless

Be wary of little Fiats they get under your skin
My 500 has an older cousin (Classic Panda)
scout is offline Reply With Quote Quote 
Old 18-03-2015   #5
Join Date: May 2007
Location: Cardiff
Posts: 497
Thanks: 7
Trader Rating: 0
United Kingdom 
Re: Car written off by manhole!

There was a sign further up the road and they may well say that. However, I would argue that if the manhole was so high it could knock off my drive shaft then the road isnt safe and suitable to drive on. Its not like I damaged a wheel because I drove over it too fast.

Also just looking for advice on the claim process and useful sources of information, dont really want to get in to details about everything and whose at fault etc.
__________________
Panda 1.2 Dynamic 57
garlicbread22 is offline Reply With Quote Quote 
Old 18-03-2015   #6
Big is not always better
 
scout's Avatar
Join Date: Nov 2012
Location: Aylesbury
Posts: 3,230
Thanks: 115
Trader Rating: 0
scout has donated!
United Kingdom 
Re: Car written off by manhole!

Best of luck with your claim, can't help with the claim process never been through it myself.
__________________
Gotta' luv goin' topless

Be wary of little Fiats they get under your skin
My 500 has an older cousin (Classic Panda)
scout is offline Reply With Quote Quote 
Old 19-03-2015   #7
Join Date: Aug 2003
Location: Essex/Suffolk border
Posts: 82,255
Thanks: 1455
Trader Rating: 10
dave has donated!
dave is an official FF Advertiser
dave is an honorary friend of the forum :)
United Kingdom 
Re: Car written off by manhole!

to claim you call council highways dept and they send you a claim form, have you asked your insurers to do this for you? even with out legal cover i would have thought they would want to minimise their losses
__________________
“What is right is not always popular and what is popular is not always right.”
Albert Einstein.
dave is offline Reply With Quote Quote 
Old 19-03-2015   #8
Join Date: May 2007
Location: Cardiff
Posts: 497
Thanks: 7
Trader Rating: 0
United Kingdom 
Re: Car written off by manhole!

Yeah they are sending me a form in the post. Someone from the insurers legal department is meant to be giving me a call, however they have already said its very unlikely. Also Im not sure how much effort they would put in as I think I will only get about £2500 from them for the panda
__________________
Panda 1.2 Dynamic 57
garlicbread22 is offline Reply With Quote Quote 
Old 19-03-2015   #9
Join Date: Aug 2003
Location: Essex/Suffolk border
Posts: 82,255
Thanks: 1455
Trader Rating: 10
dave has donated!
dave is an official FF Advertiser
dave is an honorary friend of the forum :)
United Kingdom 
Re: Car written off by manhole!

are you keeping the car to self repair?
__________________
“What is right is not always popular and what is popular is not always right.”
Albert Einstein.
dave is offline Reply With Quote Quote 
Old 19-03-2015   #10
Speed Reader of the Year!
 
Most Easterly Pandas's Avatar
Join Date: Aug 2007
Posts: 39,177
Thanks: 1220
Trader Rating: 2
Most Easterly Pandas has donated!
United Kingdom 
Re: Car written off by manhole!

Quote Originally Posted by garlicbread22 View Post
My insurers have already indicated that it will be very difficult to get the council to accept responsibility. Not sure if I should just allow them to pursue this or do it myself?
If there is a high chance of recovery by your insurance company from the council they'd already be on the case at getting full costs recovered. If they've advised its unlikely then I wouldn't hold up hope. They also won't be doing any of this for you if they've already advised its unlikely.

Quote Originally Posted by scout View Post
If there was a sign that warned you of roadworks or failed road surface then it will be deemed that you were warned so your claim will be rejected.


Quote Originally Posted by garlicbread22 View Post
There was a sign further up the road and they may well say that. However, I would argue that if the manhole was so high it could knock off my drive shaft then the road isnt safe and suitable to drive on. Its not like I damaged a wheel because I drove over it too fast.
Their counter argument would be why did no other car get damaged? Was your car lowered and riding lower than it should have been etc etc?

The fact that there was a sign, and road works on going to improve the road would indicate that they were aware of the issue(s) and being responsible in repairing it. As Scout has said, its for you as a road user to judge the road conditions and what speed you can safely drive at without having an accident or causing damage to your car.

As unfortunate as it sounds I suspect you'll have to swallow this as one of life's lessons, but do let us know how you get on.
__________________
Most Easterly Panda's - Panda'ing in East Anglia
Stockest of mk2 Panda Parts, PM for any parts requests
2 White Classic Panda Selecta's, 1989 Panda 750L,
2013 Toyota Prius Plug-In & 2009 Panda Eleganza
Most Easterly Pandas is offline Reply With Quote Quote 
Old 19-03-2015   #11
Moderator
 
Davren's Avatar
Join Date: Jul 2008
Location: London, UK.
Posts: 12,545
Thanks: 1342
Trader Rating: 5
Davren has donated!
United Kingdom 
Re: Car written off by manhole!

Quote Originally Posted by garlicbread22 View Post
I was driving along a length of road where resurfacing was being undertaken and therefore the manholes were proud of the road surface.
You were aware of the raised manhole, as the driver, you should also be aware of the ground clearance of the car.

Quote Originally Posted by garlicbread22 View Post
as I went over the manhole it hit my drive shaft which in turn caused damage to my suspension and steering.
I suspect you mean; the driveshaft (on the car that you were driving) hit the manhole.
.
__________________
Stilo Parts For Sale: Connect Nav+ Map Discs - Wiper Motor (NEW) - JTD/JTDM Front Brake Discs (NEW) - 1.6 Ignition Coils (NEW)

For details, click here: http://www.fiatforum.com/classifieds...0&ppuser=48514
Davren is offline Reply With Quote Quote 
Old 19-03-2015   #12
Join Date: May 2007
Location: Cardiff
Posts: 497
Thanks: 7
Trader Rating: 0
United Kingdom 
Re: Car written off by manhole!

Quote Originally Posted by Davren View Post
You were aware of the raised manhole, as the driver, you should also be aware of the ground clearance of the car.



I suspect you mean; the driveshaft (on the car that you were driving) hit the manhole.
.
There is no useful information in this post Davren. As I have already said, I dont want to spend ages explaining it, showing pictures etc and you are making judgement on very little information. I have just asked for advise on the claims process and how I can maximize my chances as I understand it will be difficult. Posts like yours are not helpful.
__________________
Panda 1.2 Dynamic 57
garlicbread22 is offline Reply With Quote Quote 
Old 19-03-2015   #13
Moderator
 
Davren's Avatar
Join Date: Jul 2008
Location: London, UK.
Posts: 12,545
Thanks: 1342
Trader Rating: 5
Davren has donated!
United Kingdom 
Re: Car written off by manhole!

The useful information is that you were aware of the hazard, but continued to drive into it. You should therefore, claim for any damage on your insurance policy, rather than expect other council tax payers in the borough to pay for your lack of driving skills.
.
__________________
Stilo Parts For Sale: Connect Nav+ Map Discs - Wiper Motor (NEW) - JTD/JTDM Front Brake Discs (NEW) - 1.6 Ignition Coils (NEW)

For details, click here: http://www.fiatforum.com/classifieds...0&ppuser=48514
Davren is offline Reply With Quote Quote 
Old 19-03-2015   #14
Join Date: May 2007
Location: Cardiff
Posts: 497
Thanks: 7
Trader Rating: 0
United Kingdom 
Re: Car written off by manhole!

Quote Originally Posted by Davren View Post
The useful information is that you were aware of the hazard, but continued to drive into it. You should therefore, claim for any damage on your insurance policy, rather than expect other council tax payers in the borough to pay for your lack of driving skills.
.
Again your making the judgement based on little information. I passed my test 8 years ago now and to date have had no claims or convictions so I dont think my lack of 'skills' played any part here.

I remember why I stopped coming on this forum now. I just came on here to try and get some help and useful information. There are a few people who have loads of good knowledge and want to help people but a lot of people who just come on here just to be rude and antagonistic. I would have hoped for better from a moderator. See you one of those people who loves playing the 'im a tax payer' card. Other people will be paying for it through their insurance premiums anyway so not really sure what the difference is. And at the end of the day if I am considered to be at fault then I wouldnt get any compensation anyway so you don't need to worry. So whats the point of you coming on here saying its my fault and im not good at driving? I think its a sad state of affairs when its a moderator whose putting people off using the forum.
__________________
Panda 1.2 Dynamic 57
garlicbread22 is offline Reply With Quote Quote 
Old 19-03-2015   #15
Join Date: Aug 2003
Location: Essex/Suffolk border
Posts: 82,255
Thanks: 1455
Trader Rating: 10
dave has donated!
dave is an official FF Advertiser
dave is an honorary friend of the forum :)
United Kingdom 
Re: Car written off by manhole!

after they have skimmed the top surface off the road they build a little asphalt ramp around the man holes to prevent damage, if any are left "as is" then one could be forgiven for thinking its safe to drive over them imo
Likes garlicbread22, 2668GRIFFIN liked this post
__________________
“What is right is not always popular and what is popular is not always right.”
Albert Einstein.
dave is offline Reply With Quote Quote 
Reply
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump
Similar Threads
Thread Thread Starter Forum Replies Last Post
(G) Car written off by drunk driver Booth Grande Punto 61 17-02-2011 18:07
(T) Lowered punto mk1 hit a manhole mzhussein Punto (Mk1) 18 08-03-2010 00:26
(G) Could my car be written off? imapctuk Punto (Mk2/2b) 56 23-11-2009 17:58
Repairing a written off car Ryan FIAT Boo Archives 6 01-06-2007 11:30
I've written off my car... JjPhoenix Leisure Lounge 18 29-07-2006 19:10