Jaguar XKR - Road /kerb damage to car - Monet208
Hi
The bottom of the front spoiler is getting badly scratched every time I exit our drive
The reason being the wide 25cm dropped kerb has dropped and the road where it joins the dropped kerb has sunk as well
The Council cake and did a botch job actually putting a layer of asphalt on top of 30% of the dropped kerb
They have rejected my insurace claim stating that it is not in need of repair or a. Reach of section 41 of the Road Traffic Act 1980
Help please
Thanks
Jaguar XKR - Road /kerb damage to car - Gerry Sanderson

If on an A class road DoT generally responsible not council?

Google Highways Act 1980 and have a look as some of their provisions?

Otherwise Small Claims Court?

dvd

Jaguar XKR - Road /kerb damage to car - concrete

As we all know only too well, you really have to fight for your rights or any form of restitution these days. Sad to say that even, actually especially, local authorities have a first response position of...'Go away, it is nothing to do with us and you are wrong". Eventually they pay dearly for that stance if you are right. I have first hand experience of this.

As DVD says, get your facts right and tackle them again with some bullet points to outline your case. Round here drop kerbs are only allowed to be installed from an approved list of contractors. Cowboys more like having seen their work first hand. However good or bad these companies have the right amount of Public and Private Liability Insurance that the council require, should a case like this arise. If it is recent installation then you may be in luck. If not then the LA is the port of call who may well try to pass the buck to a county coucil in an effort to fob you off. You may have to dig around to find out whom to pursue. Good luck.

Cheers Concrete