Roadworks = Damage car?

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13-03-2012, 09:12 PM
mugen_ctr

Roadworks = Damage car?

Heres the scene.....

I was driving around before, coming home, an there are road works happening.... Sure enough the limit is 60, but not 40, wtffff?!?!??! it should b 40 not 60... But heres where it gets interesting, they are literally cutting up the road... there are pot holes every where... I have to swerve to aviod them onto oncoming traffic....

But theres a section of the road cut up... so basically, theres no way of avoiding it... i have to drive across this small section of the road cut up... and it dips down... As i was driving, mind u it was dark, it hit it.... heard the exhaust scrap and a hit, i heard the exhaust note change a slight bit, which indicates there might be damage to the exhaust... Most likely the cat as its hangs a bit low lol....

Some might say my cars low... i dont care, about that, its the fact that i had no notice of this..... nor did the road work company/building company did anything to prevent this... at least put a steel sheet to cover the section cut up!!! isnt it the companies obligation to maintain safe roads when before and after hours of road works?

If there are any damages, can i claim the damages through the council or proper authorities?
13-03-2012, 09:34 PM
EG52NV

Doubt it they will just say normal cars would get through find..
13-03-2012, 09:39 PM
EKVTIR-T

If your cars lowest point is illegal you wont have a leg to stand on.

If the material was very high and your car is legal height then fair enough
13-03-2012, 09:57 PM
mugen_ctr

Dangz........

Oh well... not much i can do if thats the case..... Must find a new route around it than lol
13-03-2012, 10:01 PM
chunky

jack car back up
go complain
13-03-2012, 10:03 PM
90LAN

you can try
take a photo of the biggest pot hole where you think the damaged was caused
take a photo of damage to car and replacement costs
send to local council with report and pictures to claims dept
they will investigate and determine if you will get compensation
can go either way
thats how you do it in brisbane
13-03-2012, 10:03 PM
charliebrown

raise car. then complain

edit: beaten lul
13-03-2012, 10:23 PM
mugen_ctr

cheers guys... ill have a look tmwwr at whats been hit an damaged, hopefully nothing to serious and go from there...
14-03-2012, 08:53 AM
mocchi

Quote:

Originally Posted by 90LAN

you can try
take a photo of the biggest pot hole where you think the damaged was caused
take a photo of damage to car and replacement costs
send to local council with report and pictures to claims dept
they will investigate and determine if you will get compensation
can go either way
thats how you do it in brisbane

good info.

theres more roadwork in city cbd area and its pothole fest overnight
hope i can do the same in vic
14-03-2012, 10:04 AM
dougie_504

I spoke to a bloke who works for the Whitehorse council about this once at a party and he said the main problem you have is deciding who is at fault.

It might be the construction work company since they are doing the work but failing to provide safe driving advice (alt. route or speed limit etc).
The council is generally more at fault when a road is in a state of disrepair.
So they usually blame one another to try to avoid costs.

You have nothing to lose though so just go for it.

Edit: i once found a cut out hole on the road on my way home in the middle of an S bend. Was like 2x2 foot and seriously 20-30cm deep. Had to slam on my breaks and drive over it. They filled it with asphalt by when it rained it just sank down again!
14-03-2012, 10:36 AM
junoki

man... council are Dirty F***kers IMO, my mate hit a pothole turning left at traffic lights...... when he raised the issue with the local shire .... and hinted damage to his vehicle...."MAGICALLY" the next day there was no pothole, but fresh bitumen where the hole had been

*you want the name of the shire - PM me / *hint - 11 councilors got the sack for "under the table dealing"

another incident: mate works at a small workshop spray painting, tree out the front looks fragile. Told the shire to remove as he dont want the tree toppling over his ride (council did JACK!) ........sum time later - windy night in western suburbs, tree falls over and hit Boss's work van and cracks windscreen. dobbed the council with photos and mech repair report..... *Magically* next day ... tree is rooted and gone without a trace... leaving behind dirt + hole where tree has been
14-03-2012, 10:49 AM
curtis265

Quote:

Originally Posted by 90LAN

you can try
take a photo of the biggest pot hole where you think the damaged was caused
take a photo of damage to car and replacement costs
send to local council with report and pictures to claims dept
they will investigate and determine if you will get compensation
can go either way
thats how you do it in brisbane

agreed. but raise it first

Quote:

Originally Posted by junoki

man... council are Dirty F***kers IMO, my mate hit a pothole turning left at traffic lights...... when he raised the issue with the local shire .... and hinted damage to his vehicle...."MAGICALLY" the next day there was no pothole, but fresh bitumen where the hole had been

*you want the name of the shire - PM me / *hint - 11 councilors got the sack for "under the table dealing"

another incident: mate works at a small workshop spray painting, tree out the front looks fragile. Told the shire to remove as he dont want the tree toppling over his ride (council did JACK!) ........sum time later - windy night in western suburbs, tree falls over and hit Boss's work van and cracks windscreen. dobbed the council with photos and mech repair report..... *Magically* next day ... tree is rooted and gone without a trace... leaving behind dirt + hole where tree has been

happened to us once. my dad complained cos they didn't mow our side lawn. the lady on the phone said 'they're not due for your area for a while and you'll just have to wait'

my dad got hell pissed off and said 'if it catches fire tomorrow it's your fault'.. and there u hvae it.. lawn mowed!
14-03-2012, 12:52 PM
akira

if the damage is minor say only a small dent in the cat then most likely theres no point taking it up cos waste of effort and time...prob take years of blaming before compensation thats if you do get compensated
14-03-2012, 03:52 PM
Lukey

when they were doing road works in town, there was a 2" sheer straight down drop into the bit they were eventually gonna fill, i nearly got stuck on it lol
14-03-2012, 04:39 PM
mugen_ctr

so much for councils and construction workers tryna make the roads safer lol

I havent had a look due to uni... but 2morrw once i jack it up, ill go from there...

Ive read a few stories on other forums regards to similar situations and pot holes, it seems council will do anything to get away with it... so odds are those fighting might b fighting for a long time lol... which im not for it unless its major suspension damage or chassis as such

With the increase of melb road works.... i reckon things are only gonna get worse for motorist like us
14-03-2012, 05:23 PM
WATAJK

Quote:

Originally Posted by mugen_ctr

so much for councils and construction workers tryna make the roads safer lol

I havent had a look due to uni... but 2morrw once i jack it up, ill go from there...

Ive read a few stories on other forums regards to similar situations and pot holes, it seems council will do anything to get away with it... so odds are those fighting might b fighting for a long time lol... which im not for it unless its major suspension damage or chassis as such

With the increase of melb road works.... i reckon things are only gonna get worse for motorist like us

Buddy, you have a case.
When doing roadworks the construction company for one must hold a VicRoads permit to do road construction, no permit allows VicRoads to apply a fine of up to $20,000 to the company. Also means any works being done on the road are being done so illegally without VicRoads consent to slow down traffic, possibly close lanes at times etc etc.
Any incidient cause within the construction zone, please keep in mind, once they begin work and even after they knock off, if there signs are up, that is now a construction zone at all times.
Duty of care now falls under the company doing the works on that segment of road. If you believe that they have failed the duty of care to provide a safe environment regardless of the nature of your car, you have every right to go after them.

Put it like this, im walking through the area at night, i step in the pot hole and break my leg... Signs are up, it's a construction site... That company is now in the shit big time.
Same principles, if the section of road of where it 'dips down' caused you to create an accident, you have reason to sue that construction site.
All construction that is taking place on the road must MUST be 40km/h. 60km/h is not safe enough for construction workers.

How do i know?
Done road works, been there, now doing civil works, same concepts as we still do our minor share of road work.
If you can find out the companies name mate, i can gladly help you with this matter.

Hope this helps.

Also which area did this occur?
For reference, for those who think it's impossible.
One our employees from work claimed a brand new Cooper S rim from a pothole in the Moreland City Council area.
14-03-2012, 07:27 PM
90LAN

Quote:

Originally Posted by Lukey

when they were doing road works in town, there was a 2" sheer straight down drop into the bit they were eventually gonna fill, i nearly got stuck on it lol

must of been that sick camber in the rear you have lukey
now that puts a new meaning to stance lol
16-03-2012, 07:59 AM
akira

Quote:

Originally Posted by WATAJK

Buddy, you have a case.
When doing roadworks the construction company for one must hold a VicRoads permit to do road construction, no permit allows VicRoads to apply a fine of up to $20,000 to the company. Also means any works being done on the road are being done so illegally without VicRoads consent to slow down traffic, possibly close lanes at times etc etc.
Any incidient cause within the construction zone, please keep in mind, once they begin work and even after they knock off, if there signs are up, that is now a construction zone at all times.
Duty of care now falls under the company doing the works on that segment of road. If you believe that they have failed the duty of care to provide a safe environment regardless of the nature of your car, you have every right to go after them.

Put it like this, im walking through the area at night, i step in the pot hole and break my leg... Signs are up, it's a construction site... That company is now in the shit big time.
Same principles, if the section of road of where it 'dips down' caused you to create an accident, you have reason to sue that construction site.
All construction that is taking place on the road must MUST be 40km/h. 60km/h is not safe enough for construction workers.

How do i know?
Done road works, been there, now doing civil works, same concepts as we still do our minor share of road work.
If you can find out the companies name mate, i can gladly help you with this matter.

Hope this helps.

Also which area did this occur?
For reference, for those who think it's impossible.
One our employees from work claimed a brand new Cooper S rim from a pothole in the Moreland City Council area.

Not saying its impossible but its a long process and sometimes not worth it for minor damage. but yeah gluck mugen_ctr if you pursuit them b@s7@rd5!!!