Car Damage driving into a huge pothole at night

(NSW) Just an hour ago I was driving in the main street of our local area at night when I drove straight into a huge pothole which I couldn't see. It made a big noise and the car sunk deep into the pothole as it went through it. Something is now definitely ruined in the car, as when I let go of the steering wheel, it immediately turns the car towards the left.

Has anyone had this happen to them before? Does the RTA have any liability and need to pay for the car repairs or is it bad luck to all the drivers who ruin their cars driving into massive potholes?

 

It looks like Councils won't pay up usually and the motorists will have to foot the bill: Sydney roads: Councils ‘not liable’ for pothole damage compensation

 

I always thought if the council was aware of the hazard then they are liable.

Get a mechanic to check your front end. Hopefully it’s only a steering alignment problem.

 

It's probably a bent control arm which should be easily fixed. Must have been a deep pothole

 

Flat tyre?

 

My money is on a wheel alignment. $70 repair.

 

I feel like crying.

 

That's the rub......
Council need to be made aware of the pot hole so they can then fix it in a reasonable time.
If someone has reported it to council and it isn't fixed they are liable for costs.
But how do you find that person or prove the council were notified (local Facebook) ?

 

There has been a lot of legal commentary in media about this issue. NRMA and RACQ were both reporting a few weeks back cases of tyre, wheel and suspension damage in the many hundreds of cases daily where normally its a few a day. Council cant possibly identify all road damage and then safely send workers to fix it. They would need to have known of the issue, and also be unwilling and not make reasonable efforts to attend to repairs. Bitumen cant be filled and compacted while a surface is wet and worker safety is paramount. Many holes presently open appear to also be the very same ones filled after the last rain a few weeks back. Proper repairs will be sometime and filling is a bandaid.

Like all driving issues, all drivers need to take care and expect that road conditions will be rain affected. I have one near my home that would have been more than half a metre dia and a depth of around 200mm or more. A sinkhole. It was filled but has reopened yesterday. A tradie had sprayed fluro marker paint around it which helped drivers. This morning they were filling it (again). In the rain. It will probably be back as a hole later today. .

 

Given the recent heavy rains and floods, it will be many months before all roads can be fully repaired.

And it is always a balance between road conditions and the way the car is being driven.

 

Some good advice
"My Ferrari Can't Go Through!": Rod Stewart Fixes Potholes

 

It's now affecting my sleep pattern. Might have some orange juice lol.

 

'Instant blow out': What are your rights if you hit a pothole and damage your car?

 

Youve got Buckley’s.
https://www.nswcompensationlawyers....mpts-road-authority-liability-truck-accident/

 

CIVIL LIABILITY ACT 2002 - SECT 45
Special non-feasance protection for roads authorities
45 Special non-feasance protection for roads authorities
roads authority is not liable in proceedings for civil liability to which this Part applies for harm arising from a failure of the authority to carry out road work, or to consider carrying out road work, unless at the time of the alleged failure the authority had actual knowledge of the particular risk the materialisation of which resulted in the harm. (2) This section does not operate-- (a) to create a duty of care in respect of a risk merely because a roads authority has actual knowledge of the risk, or (b) to affect any standard of care that would otherwise be applicable in respect of a risk. (3) In this section--

"carry out road work" means carry out any activity in connection with the construction, erection, installation, maintenance, inspection, repair, removal or replacement of a road work within the meaning of the Roads Act 1993 .
Roads Act 1993 .

Key sentence: "unless at the time of the alleged failure the authority had actual knowledge of the particular risk the materialisation of which resulted in the harm."

Actual knowledge - discussed in
North Sydney Council v Roman [2007] NSWCA 27
and if I recall correctly, the officer in charge or decision maker must have the actual knowledge of the issue, not just the lower ranking staff members or someone at the counter taking complaints.

 

Local pothole repair.