Jim,
The following advice has come to me from another source:

"As a general rule your claim would be against whoever was liable for the 
damage to your vehicle.

It's common council bluff & bluster if you clip, say, a pothole, for them to 
claim they couldn't reasonably have known it needed repair - and if you 
respond that you knew it was there then they'll say you should have avoided 
it!

Go back and take plenty of photos from all angles, preferably including some 
showing how tight it is when traffic is passing there and others clearly 
showing the hazard.
Then go and see a local solicitor for one of their short, free consultations 
to see what they suggest, otherwise get an appointment with the Citizens 
Advice Bureau's legal dept and see that they say.

As the householder's insurance should cover them for liabilities to third 
parties then I'm guessing that's the way it'll end up going."

Regards,
Steve
--
www.h4-turbo.co.uk
www.quantumowners.co.uk
www.quantumsportscars.co.uk

On Saturday 30 Jan 2010, Jim Hearne wrote:
> Last year a house on a narrow country road (2 lanes just) on the way
> to/from work decided to redo the end of there drive, removed the
> original dropped curbstones and replaced them with 3 rows of cobble type
> stones.
> But they put them out into the road by 6 to 8 inchs and left them
> sticking up from the tarmarc by about 2 to 3 inchs with no slope on the
> end of them.
> 
> Today in the dark a car came the other way a bit far across the road at
> just at that point and i hit the end of the cobbles, punctured the front
> tyre instantly and the rear has a big egg on the sidewall.
> 
> Apart from contacting the council about the fact they have modified the
> curb and moved it into the road who do i send the bill to for the
> damage, the council or the householder ?
> Looking on the net there was no planning request for the change but i'm
> not sure they needed one .
> 
> The woman at the house initially said the drive didn't stick out into
> the road (which it clearly does) and then when i said it should at least
> have had a slopped end she said it was done that high to stop water
> running off of the road onto there drive.
> 
> Thanks,
> 
> Jim
> 

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