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Pot hole damage to vehicle

By 2 March 2012 76

Hello Fellow Rioters.

Yesterday on my drive to work, my little Hyundai Getz hit a pot hole and suffered a broken wheel and tyre. I had to wait for 2 hours after calling the NRMA for a tow truck to come and drop off the car to a mechanic in Braddon.

I was charged 255$ for the tow – that after being a NRMA roadside assistance member. On top of that I will be charged another  ~300$ for a new wheel and tyre, and that excludes any suspension damage. Mine was the 6th car to have been damaged from the same pot hole.

My question is – how can I make a claim to the ACT government for damages. Apart from the fact that I had to spend 550$ on the car, I had to take the day off work, as I was only able to get to the mechanic at around 12 in the afternoon – and I am yet to get my car back.

I have been advised that I should contact Canberra Connect – has anyone been succesful in getting their claim reimbursed in a similar situation. Like I said, I was the 6th car to have been damaged by this pot hole. I have the name and number of another lady who also suffered a similar fate who can be a witness if required.

Any suggestions would be most appreciated.

PS. This pot hole was near the exit ramp towards tuggeranong parkway on william hovell drive – just under the bridge at glenloch interchange. This was subsequently patched up while me and 2 other cars were waiting for the tow trucks to arrive, approximately 11am yesterday.

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76 Responses to Pot hole damage to vehicle
#1
pajs1:51 pm, 02 Mar 12

My suggestion is you pay for the repair of your own car, caused by your own driving, and stop expecting to shift your private costs to ACT taxpayers.

#2
ABC1291:59 pm, 02 Mar 12

Did you not have a spare?

I would suggest you might be pushing it uphill trying to make a claim against the Government for damages. If it was an existing pothole that they had been notified about then ‘maybe’, but to my knowledge that crater opened up yesterday morning and got very large very quickly leaving very little time for anyone to do anything about it. Unfortunately in your case I think it might be more a case of bad luck than bad management…. But if you don’t ask you don’t get so ask away if it makes you feel better. I agree, Canberra Connect or TAMS would be the best place to start..

#3
Zeital1:59 pm, 02 Mar 12

Did you even try calling Canberra Connect before you posted this? because that would save you a lot of hassle people are gonna give you here…

#4
EvanJames2:01 pm, 02 Mar 12

I think it’s time this famous pothole got its own name…

#5
pink little birdie2:01 pm, 02 Mar 12

also that pot hole although may have been made worse by the rain has been there for ages. Also pay the extra money in your NRMA membership to get free towing. I have had lots of towing from the NRMA and it’s been free (gearboxes falling out and head gaskets blowing not crashes)

#6
rbw2:03 pm, 02 Mar 12

sorry OP, s*** happens. I’ve lost windscreens due to stones flying from roadworks. I had to pay for it, even though technically it was the Government’s fault. In your situation it would be impossible to find the Govt at fault for a just opened pothole in torrential rain. And given they turned up to fix it shortly after you hit it shows they were on the ball anyway.

Claim it on your car insurance. if you don’t have adequate cover, then bad luck.

#7
mickey2:03 pm, 02 Mar 12

pajs said :

My suggestion is you pay for the repair of your own car, caused by your own driving, and stop expecting to shift your private costs to ACT taxpayers.

haha thanks pajs. you either do not drive a vehicle or have not had a tryst with one of these pot holes as yet, and i sincerely hope you never do. :)

#8
rbw2:04 pm, 02 Mar 12

EvanJames said :

I think it’s time this famous pothole got its own name…

we have mully. so the pothole can be muddy

#9
Lazy I2:04 pm, 02 Mar 12

$225 for a tow? that’s an insurance job if ever i’ve seen one.

#10
mickey2:05 pm, 02 Mar 12

I had a spare but it was pouring and the spare was low on air as well. To make matters worse, while waiting with my hazard lights on – the battery died :D

#11
Hellno2:05 pm, 02 Mar 12

pajs said :

My suggestion is you pay for the repair of your own car, caused by your own driving, and stop expecting to shift your private costs to ACT taxpayers.

That’s a bit harsh. I’m with Mickey and I’m sure it was not his driving to blame. I think it’s fair to assume you can drive along WHD without your car disappearing into a pothole. I’m interested to see what advice is offered. My car hit a massive pothole too this week. It was not visible due to being full of water and it being dark out. If I had been dring a Getz rather than a larger-wheeled vehicle maybe I would have been in Mickey’s situation.

#12
mickey2:15 pm, 02 Mar 12

Hellno said :

pajs said :

My suggestion is you pay for the repair of your own car, caused by your own driving, and stop expecting to shift your private costs to ACT taxpayers.

That’s a bit harsh. I’m with Mickey and I’m sure it was not his driving to blame. I think it’s fair to assume you can drive along WHD without your car disappearing into a pothole. I’m interested to see what advice is offered. My car hit a massive pothole too this week. It was not visible due to being full of water and it being dark out. If I had been dring a Getz rather than a larger-wheeled vehicle maybe I would have been in Mickey’s situation.

It was so massive that it was a bit risky trying to change the spare and drive on, there could have been suspnsion damage. I am going to pick up the car shortly, will find out if there actually was any suspension damage, or might take it in to pedders to get it checked thoroghly.

The towie advised that since a pot hole damage is considered to be an ‘accident’, caused by an ACT road, there are good chances that ACT roads/ TAMS will reimburse you for repairs if your car is registered (3rd party insurance cover?), as there is a CTPI premium you pay at the time of registration.

#13
Tetranitrate2:16 pm, 02 Mar 12

This particular pot hole has been there for at least a month, It isn’t just the recent rain.
It has been reported(well at least I know I did).

The state of the roads in the ACT is downright shameful. Northbourne is an utter joke. You’d think you were driving around a third world country, not the capital of Australia.

pajs said :

My suggestion is you pay for the repair of your own car, caused by your own driving, and stop expecting to shift your private costs to ACT taxpayers.

Go crawl back into whatever hole you came out of.

#14
p12:18 pm, 02 Mar 12

While I sympathise, (I narrowly missed the same hole yesterday) I don’t like you chances of getting anything out of the ACT gov. Maybe if you can make a case that the hole was there for a long time, and had it been repair earlier the rain would not have made it worse, but all that sounds like a lot to prove in order to save five or six hundred dollars.

Might have been good if someone could have dropped a giant witches hat in the hole to warn people though…

#15
Tetranitrate2:19 pm, 02 Mar 12

rbw said :

sorry OP, s*** happens. I’ve lost windscreens due to stones flying from roadworks. I had to pay for it, even though technically it was the Government’s fault. In your situation it would be impossible to find the Govt at fault for a just opened pothole in torrential rain. And given they turned up to fix it shortly after you hit it shows they were on the ball anyway.
.

Unless of course the pothole in question has been there for at least a month and the ACT government has been aware of it – in which case the ACT government is clearly negligent.

The rain’s probably made it worse, but I’ve been avoiding that particular hole every day for some time now.

#16
Jim Jones2:21 pm, 02 Mar 12

Insurance and/or suck it up.

“The state of the roads in the ACT is downright shameful”

Have you ever left the ACT and seen the state of roads elsewhere? I dare you to name another town that has roads in better conditions.

#17
qbngeek2:21 pm, 02 Mar 12

mickey said :

Hellno said :

pajs said :

My suggestion is you pay for the repair of your own car, caused by your own driving, and stop expecting to shift your private costs to ACT taxpayers.

That’s a bit harsh. I’m with Mickey and I’m sure it was not his driving to blame. I think it’s fair to assume you can drive along WHD without your car disappearing into a pothole. I’m interested to see what advice is offered. My car hit a massive pothole too this week. It was not visible due to being full of water and it being dark out. If I had been dring a Getz rather than a larger-wheeled vehicle maybe I would have been in Mickey’s situation.

It was so massive that it was a bit risky trying to change the spare and drive on, there could have been suspnsion damage. I am going to pick up the car shortly, will find out if there actually was any suspension damage, or might take it in to pedders to get it checked thoroghly.

The towie advised that since a pot hole damage is considered to be an ‘accident’, caused by an ACT road, there are good chances that ACT roads/ TAMS will reimburse you for repairs if your car is registered (3rd party insurance cover?), as there is a CTPI premium you pay at the time of registration.

CTPI is exactly what it sounds like, insurance for the third parties. Your CTPI will not cover your own car. You can try your comprehensive insurance if you have it but even that is a long shot.

In order to claim against a council/government you will need to prove that they were negligent or failed int he duty of care. You will most likely fail as tey wil claim that they have not had reasonable time to carry out repairs. In the cases I have seen, reasonable time is anywhere from 3 days to a week and can be longer if your accident occured during the weather event as they can claim it was not safe for workers to repair the damage until the rain stopped.

#18
pajs2:23 pm, 02 Mar 12

mickey said :

pajs said :

My suggestion is you pay for the repair of your own car, caused by your own driving, and stop expecting to shift your private costs to ACT taxpayers.

haha thanks pajs. you either do not drive a vehicle or have not had a tryst with one of these pot holes as yet, and i sincerely hope you never do. :)

Actually, I drove that exact stretch twice yesterday, including hitting a pothole on the way home just before going under the bridge before coming up to the right turn onto Bindubi. It would never had ocurred to me, should I have gotten a flat from that pothole, that this was the government’s fault.

#19
devils_advocate2:25 pm, 02 Mar 12

Tetranitrate said :

Go crawl back into whatever hole you came out of.

Maybe he’s a troll that crawled out of the pothole. Is the pothole under some kind of bridge?

#20
Holden Caulfield2:30 pm, 02 Mar 12

Lazy I said :

$225 for a tow? that’s an insurance job if ever i’ve seen one.

I’m an NRMA roadside assist member and have had my old jalopy towed for no charge a year or two back. It was only a short distance, but I thought you got the first 20km for free with NRMA?

#21
Holden Caulfield2:31 pm, 02 Mar 12

qbngeek said :

…or might take it in to pedders to get it checked thoroghly…

I lol’d.

#22
Jim Jones2:32 pm, 02 Mar 12

pajs said :

mickey said :

pajs said :

My suggestion is you pay for the repair of your own car, caused by your own driving, and stop expecting to shift your private costs to ACT taxpayers.

haha thanks pajs. you either do not drive a vehicle or have not had a tryst with one of these pot holes as yet, and i sincerely hope you never do. :)

Actually, I drove that exact stretch twice yesterday, including hitting a pothole on the way home just before going under the bridge before coming up to the right turn onto Bindubi. It would never had ocurred to me, should I have gotten a flat from that pothole, that this was the government’s fault.

Surely you’ve spend enough time here to realise that anything bad is the gummint’s fault!?

Conversely, anything good comes as a result of working really hard and being a battler and being repeatedly beaten as a child (see ‘discipline’).

#23
Tetranitrate2:35 pm, 02 Mar 12

Jim Jones said :

Insurance and/or suck it up.

“The state of the roads in the ACT is downright shameful”

Have you ever left the ACT and seen the state of roads elsewhere? I dare you to name another town that has roads in better conditions.

Up until the past 48 hours or so, Queanbeyan. Admittedly that’s probably not the case anymore.

I do wish I was joking but I’m not, have you actually driven down Northbourne lately?

Between the potholes and the rubbish chip-sealing on major roads (Adelaide avenue and the Parkway) that leaves bare, ‘shiny’ areas devoid of any grip I do wonder where the money all goes.

#24
crackerpants2:38 pm, 02 Mar 12

I don’t know if this is helpful or not…

A few years back I drove on Namatjira/Sulwood Drive when it had just been resurfaced, and just been heavily rained on. My car, and a bunch of others, were badly bitumen-stained. I emailed Canberra Connect/TAMS, and was referred straight away to the contractor’s depot for assessment, and then they gave me a card to take to a professional detailer.

I’m pretty sure it was the contractor footing the bill though, as they resurfaced a road under the wrong weather conditions, so like I said, not sure if this is helpful or not. But it can’t hurt to ask.

#25
Chop712:49 pm, 02 Mar 12

I reckon your entitled to $1,000s possibly even into the 10s of thousands. I mean you Huyndai would almost be a write off and you could even lose your job having a day off like that.

After you’ve had a complete Pedders inspection, get yourself a doctors certificate claiming whiplash and stress, then it’s straight off to the lawyers. I wouln’t bother turning up to work over the next 6 months, just do it though the court system.

I mean seriously this rain is a 1 in a 100 year event, I am sure you’re entitled to something.

#26
AsproBoy2:54 pm, 02 Mar 12

One of most prominent markers of the decay of western society is the tendency to want to apportion blame to someone else when something bad happens to us.

The radio has been full of warnings over the last three days to slow down, drive to the conditions and watch out for potholes …oh and also for the poor bastards who were out in the rain trying to fix them.
TAMs can’t get to every pot hole within minutes of it appearing or getting bigger. Theses dudes were already risking their lives fixing the potholes whilst drivers ignored the belting rain and the reduced road work speed limits.

Maybe after your wallet is $550 lighter, the next time it buckets down you will be a little more careful.

#27
gladbag2:58 pm, 02 Mar 12

About a year ago I put in a claim for damaging my car on a crater in Sutton Rd that had been there for a while. I have not heard back from them yet, however, I am sure they will respond one day. The only good result was that the hole was immediately repaired. Unfortunately there are plenty more potholes on that stretch of road, which makes driving in a little car at night pretty eventful.

#28
Jim Jones3:03 pm, 02 Mar 12

Tetranitrate said :

Jim Jones said :

Insurance and/or suck it up.

“The state of the roads in the ACT is downright shameful”

Have you ever left the ACT and seen the state of roads elsewhere? I dare you to name another town that has roads in better conditions.

Up until the past 48 hours or so, Queanbeyan. Admittedly that’s probably not the case anymore.

I do wish I was joking but I’m not, have you actually driven down Northbourne lately?

Between the potholes and the rubbish chip-sealing on major roads (Adelaide avenue and the Parkway) that leaves bare, ‘shiny’ areas devoid of any grip I do wonder where the money all goes.

Yes, I’ve driven down Northbourne, and all over Canberra on a very regular basis.

If you went to any rural or regional town and tried to tell them that the roads in Canberra were ‘downright shameful’ they’d probably punch you in the mouth.

People in Sydney, Melbourne, Perth, Adelaide, etc. would just laugh at you.

#29
VYBerlinaV8_is_back3:08 pm, 02 Mar 12

I’d write a letter making a claim and see what happens. About all you have to lose is 10 minutes, a piece of paper, an envelope, a postage stamp and the time it takes to mail it.

#30
carnardly3:08 pm, 02 Mar 12

If you had a real car, you might’ve just bounced on over a pothol rather than sinking into it. :-)

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