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  • Who's at fault?

    Just a query if you were to hit a pot hole and it damaged your car (suspension or rims...) would main roads be held responsible? What about if you were say parked in UWA and a branch fell off a tree and damaged your car would UWA be held responsible?

    What i'm basically asking is when the insurance companies come into play would they be at fault and have to pay for your excess?

  • #2
    I know at my work (Government Dept) when a tree fell on a car work was not responsible but when a gardener reversed into a colleges motorbike while at work, work paid.

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    • #3
      but my thinking is that the tree is the property of that work place and if it falls because the tree wasn't maintained correctly (rot or something) then shouldn't they take the responsibility? i mean if the tree falls cause of nature bringing the hurt then yea i won't say the work place is at fault.

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      • #4
        ummm you hit the pole, the pole didnot hit you right
        EDIT=my bad, i red that a few times as pole,
        i feal a right numpty now
        REPENT MOTHER FUCKER
        (anarchy in english )

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        • #5
          pole?

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          • #6
            Find and read the Civil Liability Act 2002, unless you can prove that the council etc knew about the problem and did nothing about it you haven't got a leg to stand on.

            Watch the road?
            "Once upon a time we would obey in public, but in private we would be cynical; today, we announce cynicism, but in private we obey."

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            • #7
              Depends on the scenario...

              If the Council, or main roads should have reasonably known of the pot hole and not taken steps to repair it then yes, there is liability. If the pothole had only just sprung up... no chance.
              If it's been called in and they have not actioned it after a reasonable time then yes.
              Commander Keen and Shady 7/8 are doing the Kiwi Shitbox rally 2016 as the Dropkick Dropbears- donate here to help us change cancer!


              Originally posted by Martin Luther King Jnr
              One has a moral responsibility to disobey unjust laws.
              . .

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              • #8
                Originally posted by Captain Starfish View Post
                Find and read the Civil Liability Act 2002, unless you can prove that the council etc knew about the problem and did nothing about it you haven't got a leg to stand on.

                Watch the road?
                There was a semi trailer beside you and you don't want to be swerving into that

                nah jokes

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                • #9
                  A street tree lost a branch on our verge once with my dad's car under it. Council pretty much told us bad luck, it was the wind, I showed them data from the weather people we had 7 knot winds from the wrong direction, still tough shit. Mind you if we complain about the tree now they are there within a day to prune it.
                  They hung a sign up in our town "If you live it up, you won't live it down"-Tom Waits

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                  • #10
                    wasn't there a change in legislation that meant local councils are no longer to be held accountable for potholes causing damage?

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                    • #11
                      Originally posted by chew View Post
                      A street tree lost a branch on our verge once with my dad's car under it. Council pretty much told us bad luck, it was the wind, I showed them data from the weather people we had 7 knot winds from the wrong direction, still tough shit. Mind you if we complain about the tree now they are there within a day to prune it.
                      I rekon they would there even faster if you started to live in it

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                      • #12
                        There are special immunities in place for entities like Main Roads. It is really hard to prove liability against them.

                        And like Starfish said - check out Civil Liability Act. You'd have a hard case successfully suing UWA for a branch that's fallen on your car, they are forever maintaining the gardens around the place. Yes they would owe a duty of care to people who park their cars on campus, but given the amount of maintenance they perform I don't think you would succeed in proving that they breached that duty of care.
                        I came here to drink milk and kick arse... And I'm all out of milk

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                        • #13
                          Originally posted by courtz View Post
                          There are special immunities in place for entities like Main Roads. It is really hard to prove liability against them.

                          And like Starfish said - check out Civil Liability Act. You'd have a hard case successfully suing UWA for a branch that's fallen on your car, they are forever maintaining the gardens around the place. Yes they would owe a duty of care to people who park their cars on campus, but given the amount of maintenance they perform I don't think you would succeed in proving that they breached that duty of care.
                          Yea true those gardeners that our school fees contribute too.... but UWA was just an example, could be any institution or property.

                          It's more of when something is not as straightforward as deciding whose fault it is when someone rear ends you.

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                          • #14
                            Yeah I understand, context is always good!

                            It all depends. Basic principles regarding negligence: prove they owe you a duty of care, prove they breached that duty of care, prove that their breach caused your damage, and of course (goes without saying, really) prove that there was damage!

                            Not particularly easy once you begin to delve into it
                            I came here to drink milk and kick arse... And I'm all out of milk

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                            • #15
                              The MRA WA had a link to a site that listed all letters forwarded that had been presented to councils for road conditions. I don't know if it still exists but if it was reported and posted it would be very easy to prove liability.

                              Go check there.
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