Thanks for your advice regarding claiming from the council for damage caused by newly-tarred roads.
I noticed that someone else had written to you about damage to their car from a newly-tarred road surface. I asked your advise in August 2012 and over one year later I am pleased to report that your recommendation to pursue a claim through the Small Claims action was successful but only after much legal correspondence, denial and contesting the claim with all sorts of accusations that I must have been driving too fast, without due care and they were definitely not liable for the damage.
Having paid the initial Small Claim court fee, I made an additional payment for a court hearing and, armed with photographic evidence and your thoughts on the matter, I was all set to argue my case. However, the day prior to the hearing I was notified that they had agreed to settle the claim and pay for the replacement tyres and all court costs. It transpired that the Highways Agency had also settled out of court for the valeting of other cars that succumbed to the wet tar damage. My case for replacement tyres was because the wet tar from the road had set hard around the embedded gravel picked up from my driveway. Thanks again for your advice.
Having paid the initial Small Claim court fee, I made an additional payment for a court hearing and, armed with photographic evidence and your thoughts on the matter, I was all set to argue my case. However, the day prior to the hearing I was notified that they had agreed to settle the claim and pay for the replacement tyres and all court costs. It transpired that the Highways Agency had also settled out of court for the valeting of other cars that succumbed to the wet tar damage. My case for replacement tyres was because the wet tar from the road had set hard around the embedded gravel picked up from my driveway. Thanks again for your advice.
Asked on 28 December 2013 by MH, via email
Answered by
Honest John
Many thanks for that and congratulations. I still cherish the self-explanatory photo of your pebble dashed tyres. Councils tried the same trick this August. Roads all over the place were tarred, with chippings thrown down and expected to be beaten into the tar by passing cars, when they weren't being flung up and chipping their windscreens.
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