Areas of Law / General Legal Advice

When I ran over a large piece of scrap metal which was lying in the road there was a huge jolt and my front tyre went flat. I submitted a claim to the council’s highways department, but their insurers have denied liability. They say that this particular stretch of road is inspected on a daily basis and since I was the only person to put in a claim the debris could not have been there long.

You will have difficulty proving that the council was negligent if it inspects the road on a daily basis. You could put in a claim to the Motor Insurers’ Bureau, under its untraced motorist scheme, on the basis that the scrap metal was negligently dropped from a vehicle. However the scheme is subject to an excess which is probably more than the cost of the tyre.

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