Car damage - raised manhole

[blotchyprune]

Hi all

As the title states you can see where this gunna go...

On my way to work yesterday I hit a raised manhole/drain cover, this is in a small track/slip road and on this road a building company has been developing some houses and is responsible for the raised drain (just wanted to make sure peeps understand it's not the council) so any case I've hit the underside of my car and managed to crack the gearbox...obviously an expensive claim £2000+ according to my garage.

I've gone back and taken photos of said cover but also noticed that there is a sign to say about the covers, I am now unsure if I can fight this and if I can what would be the right way or thing to say to start. Does the fact there is a sign mean I'm screwed ?

Cam anyone here offer any suggestions, thanks

[pip08456]

If you ignored the warning...

[blotchyprune]

I wouldn't say ignored but more first thing in the morning and on auto pilot, I appreciate thats irrelevant but I certainly didn't look at the sign and ignore it

[papa smurf]

try citizens advice bureau

[blotchyprune]

Will do...gunna call them first thing in the morning

[multiskilled]

Have you got legal cover with your car insurance? If so it maybe worth asking them and it shouldn't affect you no claims.

[Matthew]

They have done their bit putting the sign up, they have covered their backs.

[Kursk]

Was the sign put there after you hit the manhole cover?

If the sign was there already, was it obstructed at the time of the incident?

[pip08456]

Originally Posted by blotchyprune

I wouldn't say ignored but more first thing in the morning and on auto pilot, I appreciate thats irrelevant but I certainly didn't look at the sign and ignore it

In other words you were driving without due care and attention which is a fineable offence.

Originally Posted by blotchyprune

I wouldn't say ignored but more first thing in the morning and on auto pilot, I appreciate thats irrelevant but I certainly didn't look at the sign and ignore it

Putting up a sign saying that there are man hole covers raised or lose is no defence .If the road is in general use ,which you say it is because you where on your way to work so presumably the road is used by many people then it must be in a condition to be used safely without causing damage to vehicles .Can you give more detail on why the man hole covers are raised ,is it because the road is a new road unfinished or is it being resurfaced .

---------- Post added at 07:01 ---------- Previous post was at 06:57 ----------

Originally Posted by Matthew

They have done their bit putting the sign up, they have covered their backs.

No they haven't ,it's like VM putting up a sign saying there are holes in the road because we are laying cables but failing to ensure that people don't fall down the holes .In this case the manholes should have been coned off to ensure that people don't drive over them

[blotchyprune]

martyh...this is my thought's exactly

The road was closed for about 6 months (at a guess) and used as a access point for the tradesman and building site, the building work is still going on but they reopened the road. I would say they have tried to save money by re-opening the road to early.

You turn onto this road from the main road and it's probably only 200yrds long with 1 sign at 1 entrance which is about 3/4 of the way along it

pip...I would say as there are houses near by I was looking out for pedestrian's...weather it be builders/mums/kids anyone...rather than not paying attention

[Taf]

Is it a legal highway or still private land? Legally there is a lot of difference, especially for insurance purposes.

[blotchyprune]

It's a legal highway