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VIC Vicroads query - pot hole damaged rims

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Stormtrooper, Dec 2, 2011.

  1. Hi guys,

    Not quite a bike question, but it involves the Calder Freeway...

    A few months back I was travelling towards Gisborne when I managed to hit a crater of a pot hole in the right tyre track of the left lane on the Calder Freeway (car in front of me swerved but by the time I registered what it was I didn't react in time).

    Turns out the hit was sufficient to flat spot the front wheel and buckle the back wheel on the same side. amazingly, the tyres stayed inflated. After a bit of a ring around, I discovered Honda alloy wheels are made of something close to gold as they're charging $700 a wheel... but as I needed these wheels to be able to use the car I didn't have much choice.

    I did end up getting aftermarket rims as a whole set was cheaper than the Honda originals. However, someone suggested Vicroads should be responsible as the hole is quite large, wasn't sign-posted and obviously hadn't been repaired for a while.

    So I filed a claim with Vicroads and after a while they got back to me saying they won't accept liability as they have complied 'with its inspection, maintenance and repair obligations as set out in its Road Management Plan.'

    They then go onto say that I should seek legal advice before taking the matter further...

    I've half a mind to let it go, but I'm ticked that I have to pay for the damage caused by them not maintaining a major thoroughfare. If I'd been on the bike and hit the same hole, I would have been over the handlebars and my bike would have been so much expensive scrap metal.

    What should I do from here? The bill is only $1500, but its the principle of the situation that has me riled up. I've watched the Calder from Malmsbury through to Gisborne slowly degrade with more and more pot holes becoming obvious and what's also obvious is Vicroads aren't doing anything to fix the issue.

    That's my rant done - thanks for listening :)

  2. Re: Vicroads query

    Firebomb their office.
    • Like Like x 2
  3. Re: Vicroads query

    Sorry this probably won't help you now as you've already contacted them but if it happens to anybody else, then get a friend to ring vicroads and report the road and then lodge something with Vicroads after a few days telling them about the damage the road has just done to your bike / car. Tell them you just found out that it was reported a few days ago and nothing had been done to fix it. Puts the ball straight back in to their court if they've done nothing to fix it.

    Now this is purely hypothetical, does anyone think it may work? :)
  4. Re: Vicroads query

    Hmm I had an off last year, hit a 'dip' in the road, vicroads were aware, police [local] were aware of the spot, the local toa truck driver is aware of the spot, but my 'lack of local road knowledge, and police believe 'lack of rider experience'' left me with sweet fark all.
    It was well known about the 'dip' in the road, but [bad luck] non in so many words was the response to me.. Would be great 'in these situations' to sue the farkers [if itwere affrodable] so that govt bodies DO the right thing. then the flow on effect of private sector woud do the same.
  5. Re: Vicroads query

    Not going to give you legal advice, but look at it this way:

    If Vicroads accepts liability for damage every time road conditions may have contributed, where do you think it would end? Every smarty (genuine or not) who damages their car will put in a claim for Vicroads to pay for it. It's worth a huge amount to Vicroads and government to make sure that no claim like this ever succeeds, and they've put legislation in place to that purpose.

    Not saying it's right. Just saying.
  6. Re: Vicroads query

    What a surprise. THe government doesn't want to give back the money they steal from us. SHOCKING.
  7. Re: Vicroads query

    I do agree that they have to draw the line somewhere - otherwise every man and his dog would be claiming for the slightest incident that may or may not have been attributable to road conditions.

    What erks me in this particular case is the pot hole was big enough to suggest it had been there for a while and no one had fixed it. On a B road, that happens. On a freeway where you're travelling at 110kmh is another matter...
  8. Re: Vicroads query

    I suspect you won't get anywhere, but why not take some legal advice, it can't hurt and it will be better than the opinions from the great unwashed here.
  9. Re: Vicroads query

    Not sure about highways but i know plenty of people who have had damged wheels from potholes and swuccessfully had the local council reimburse them for repairs/ tyres. There's probably some technical difference between responsibility on highways and local streets though.
  10. Re: Vicroads query

    Dont tailgate and take responsibility for your own actions.
  11. Re: Vicroads query

    write them a letter quoting this:

    S102 of the Road Management Act 2004

    102 Limitations on liability of road authority
    s. 102
    (1) Subject to this section, a road authority is not liable in any proceeding for damages, whether for breach of the statutory duty imposed by section 40 or for negligence, in respect of any alleged failure by the road authority—
    (a) to remove a hazard or to repair a defect or deterioration in a road; or
    (b) to give warning of a hazard, defect or deterioration in a road.
    (2) Subsection (1) does not apply if, at the time of the alleged failure, the road authority had actual knowledge of the particular risk the materialisation of which resulted in the harm.

    If they had knowledge of the hazard and did not repair it, they can be liable.
    • Like Like x 1
  12. Re: Vicroads query

    If I was tail gating, I'd have no issues taking responsibility for my own actions...
  13. Re: Vicroads query

    This is probably would be where it gets into a pissing contest. Vicroads say they checked the road on Friday and it was fine. By Sunday morning there was a big enough pot hole to cause some significant damage. Not sure it would appear quite that quickly, although it is a freeway.

    What's interesting is it looks like it had already been repaired and the patch job didn't stick (which I noticed again 3 weeks later when I was travelling the same direction).
  14. B had something similar happen to him a few months back , near Belgrave ..

    brand new expensive rims :( , badly damaged .. tyre destroyed as well.

    Rang the council " not liable " ...

    The mechanics @ work recommended a place in Heidelberg to repair the rims ..
    there was no guarantee they could be fixed , but they were able to repair both rims ,
    and with a bit of touch up paint , you would never know .
    Have had bike rims repaired by this mob as well ..
  15. Re: Vicroads query

    Taxes were written into the Australian constitution which means that australian people voted for them. Hardly stealing, really.
  16. Write to the local papers around the macedon rangers and maybe some of the bendigo papers. Those holes you speak of were well known by all who commuted on the calder, they won't be able to hide from it.

    Vicroads puts out a tender and the cheapest conpany wins and is responsible to fixing the roads etc. We complained about a fukn intersection multiple times and VicRoads was getting told by the contractor that it was fine. If you can find out who the contractor company is maybe you'll get some leverage.

    Just some ideas, hope they help. Good luck, I know the creators you speak of, used to see them everyday.

    -posting on phone; spelling likely fukd
  17. Re: Vicroads query

    And take a few photos of the pothole, for evidence.
    At best, road repairs are substandard, but good enough for cars. We aren't considered or the repairs would be vastly better.
    What if you careened of the road with a flat front tyre and hit a tree.

    You'd be a "single vehicle accident" and "rider failing to maintain proper control". A completely wrong statistic which Bicol love to load their bullshIt stats with.

    I don't mind you getting some money back from the collective.

    Keep it simple - their lack of road maintenance damaged your bike, and could quite easily have killed you. Lawyer up. Also mention your very sore back from the incident, and put in a claim on TAC if it hasn't been too long.
  18. this is why we need to ring the vicroads hazard reporting line
    13 11 70
    then they are on record and they are liable if nothing has been done in
    a reasonable time.
    might need our own list of what has been reported?
    • Like Like x 2
  19. I'd write back quoting that section and detailing what happened, who you spoke to, the condition of the road etc.
    Just because they worked on it does NOT mean they repaired it.

    I did a similar case last year for a Bendigo local in exactly the same scenario.
    They paid. (eventually).
  20. Re: Vicroads query

    Let's say that a majority of the population votes to make it legal to go into the house of anyone who posts online as "Lilley" and take his stuff, would that not be stealing?

    Just because it's legal and a majority of people are OK with it doesn't mean it's not theft. When you take something from someone under threat of death, it's stealing.