Tony S

10th September 2011

For the past 3 or 4 years, the A2990 between the Herne Bay roundabout and the Chestfield roundabout has had a "temporary" central red and white plastic barrier to prevent vehicles turning right (from Herne Bay) into the council tip. The road is a narrow single carriageway, narrowed even more by the barrier. I was driving to Chestfield on Thursday and part of the barrier had been dislodged and I clipped the wheel, blowing a tyre out and subsequently wrote off my car. The car is old and not worth claiming on insurance, can I claim against the council?

Replies (2)

Potholes.co.uk Expert     posted : 12/09/11 at 10:55 am

Unless I'm missing something, I'm not sure what your "temporary use!" point is as they were being used temporarily.

As for your position, I suggest you ask the local authority to provide details of consultation and agreed protocols for erecting the barriers. I would also ask if the barriers were being inspected regularly and when the last inspection was before your incident.

If the barrier had been dislodged very recently, you probably don't have much chance of a successful claim.

ASANSUM     posted : 10/09/11 at 10:34 pm

Just another point I found out - these are Plastic Jersey Barriers meant for temporary use!