Is the council liable?

Honest John Back Room » Motoring discussion
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Tue 8 Sep 2009 21:05
Is the council liable? - cilvilservant
In a nearby village, the local Council has commissioned a traffic calming scheme and the works are currently taking place now. The road is closed in the daytime while the works are ongoing to build what are called 'kerb build outs' to slow traffic down. In the evenings, the raod is reopened with signage sayiong there's is roadworks. There are no signs stating who has right of way (although to most people it is obvious).

The 'kerb build outs' are on a blind corner and in my opinion, along with others I have spoken to, are sited in a dangerous position. Unfortunately, last week I was approaching the 'kerb build outs' and an oncoming car was speeding around the build outs and did not move back into her lane in time and ended up smashing my wing mirror. The woman didn't stop either.

I have subsequently been in touch with the Highways Services at the Council and they said the scheme was independently assessed and was deemed safe. Since then, the chap has visited the site and also met with a local councillor following concerns raised by local residents. He has arranged another visit with a safety expert to discuss what changes can be made, pending on availability of funds.

In my view, this is recognition that the scheme is not safe. Now, I had the wing mirror replaced the next day and paid for out of my own pocket. I was prepared to put this incident down to experience and bad luck. But my wife is claiming we should sue the council for negligence now that we have an email implying the scheme is not safe.

What are your views? Should we move on and forget the whole thing and be glad the problem is being solved without adding to the local taxpayers pockets by claiming for a cost of a new wing mirror? Or should we put a claim in and hope for some costs towards the new wing mirror?

Thanks.
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Tue 8 Sep 2009 21:16
Is the council liable? - Mick Snutz
waste of time persuing the LA. It was another driver who took your mirror off not the council. Even if the other driver stopped chances are it would be knock for knock unless you had a witness. Chalk it up to a bad experience and move on. For added publicity however you could always write to your local paper claiming your lost mirror was a consequence of the dangerous road layout (cue picture of sad looking fella holding the remains of his mirror up for all to see).

best of luck
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Tue 8 Sep 2009 21:27
Is the council liable? - BobbyG
Yip, fault with other driver.
Would have been the same if you had been passing a parked car rather than council obstacle.
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