His and hearse

Last July, on our way to a funeral (me on crutches, he the named driver of my little Arosa), we got stuck in a traffic jam in Sudbury. We found a route round on the map and set of via an industrial estate. The car ahead had satnav and also went the same way. After a few hundred yards the road got worse until we hit a pothole with a thump then turned round and continued to Bury St Edmunds, about 20 miles. Just off the A14, the oil warning light came on and we stopped the car on a roundabout under the A14. Our insurers sent a breakdown truck and we had to take a taxi back from Bury to home (about 45 miles). Of course we missed the funeral. We had to pay the excess before we got the car back and then my insurer said that I could contact Suffolk County Council because of the state of the road causing the damage. The council told us it was an unadopted road. I have continued writing to the Council as I felt that a sign at the junction would have stopped us using an unsuitable road. They admit it is a way through, but not their responsibility. If the car had given up on the A14 then we could have been killed by one of the lorries. Is this something the small claims track would consider? I only want the cost of taxi and excess and the admission that it was their fault so my no claims is returned to me (only 1 claim for a shattered windscreen in 25 years). Your advice would be very welcome

Asked on 18 April 2009 by

Answered by Honest John
No. You used an unadopted road that is not the council's responsibility. A court would take the view that it is the same as if you had used a rough track in the country or tried to cross a field. Self-inflicted damage.
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