damage from roadworks

**MSTRS:Me** · 21st March 2006, 09:21

Went for a quick fang to Wairoa yesterday with hXc. LOTS of trucks & Roadworks. On the Wairoa side of the big hill, there was a total resealing job going on. Upshot was the tyre damage you see in the photos. Tar-covered stone caught between the tyre & the guard. Does he just have to suck it up or can the contractor be held responsible?

**SimJen** · 21st March 2006, 09:26

Surely he would have heard the noise of it doing damage?

**MSTRS:Me** · 21st March 2006, 09:33

Not at 15kph in 1st stuck behind a stocktruck up a steep hill covered in the just-laid chip.

**ManDownUnder** · 21st March 2006, 09:34

Bugger mate, but I don;t think the contractor could be held responsible.

Let's put it like this - what should they have done differently?

**DemonWolf** · 21st March 2006, 09:42

dang thats some damage done to that tyre.

Sorry can't help with the question being asked.. perhaps request info from the local council.

**Warren** · 21st March 2006, 09:43

Since they had all the signs out that the road was been resurfaced then I doubt they could be held responsible. I think you would have to prove they were in negligent some way.

But saying that, nothing sucks more than having to pull of tar covered stones off radiators and paintwork after a trip through the roadworks

**DemonWolf** · 21st March 2006, 09:44

ManDownUnder... like the signature... quite funny. Did you get asked to get the op.. or did you do it on your own accord?

**Sniper** · 21st March 2006, 09:44

Bugger mate. I think your mate may just have to suck it up, the seal had just been laid and they would use a line like "its not our fault"

**MSTRS:Me** · 21st March 2006, 09:50

I suspect that he does have to just take the tyre-rogering. But hey - if you don't ask......
Bloody frustrating tho - tyre wouldn't have done 1000ks yet

**Blairos** · 21st March 2006, 09:54

Must have been a big stone, judging by the damage there - a waste of a perfectly good tyre....

**R6_kid:Me** · 21st March 2006, 10:00

extra tread...?

i have stones go between my guard and tyre all the time and as a result have heaps of scratches on the inside of my front guard (which i dont see and therefore dont care about)

as to whether or not he should make a claim to the company is debatable. Truth is it could have happened on the same stretch of road in a weeks time on a hot day when the tar has melted through the road.

either way that is a pretty nasty gash in the tyre.

**scumdog** · 21st March 2006, 10:08

Believe it or not I once bought a rear tyre not unlike that (Conti Sport from memory) with a big groove in the middle.

Bummer luck - but will you still get a few km out of it.?

**MSTRS:Me** · 21st March 2006, 10:10

Originally Posted by scumdog

.... - but will you still get a few km out of it.?

Will be talking to the shop about it, but I suspect it would be really thin where the groove has been worn & therefore highly risky for punctures.

**Phurrball** · 21st March 2006, 10:11

That's nasty MSTRS!

Yesterday, I had some charming contractors on their way to a sealing job near my abode lob a part-filled 1.5L drink bottle out the truck window...

Bad enough, but I was oncoming round the corner of said lobbing, and the bottle bounced into my right foot! GRRRRRR! No time to follow up as yet.

In your case, I'm unsure about liability: I can't see a way of imparting any liability unless you can prove that the contractors had fallen below a reasonable standard of care...I'm thinking that a stone lodging in your front guard is just a freak accident...unless they had failed to properly warn you (signage) or had done something strange that they shouldn't have done...

Others on the site know more about the law than I - someone else may have better advice...

Cheers,

PB