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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
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My second car which is a classic was damaged due to road

Customer Question

My second car which is a classic was damaged due to road works which was not approprialty signed or maintained. The road was supposed to be down from a 40mph to a 20mph however no signs were in place and trenches were dug into the road about 4inchs deep. This caused major damage to my cars wheels and suspension which now needs to be replaced. However the local council authority say its not up to them to compensate even though its there road and the works was being done for them.
The construction company also refuse to give over there insurers details and say go though car insurance as dont want to use them as will effect NCB ect.
Where do I stand and what can I do?
Submitted: 3 months ago.
Category: Scots Law
Expert:  JGM replied 3 months ago.

I am a solicitor in Scotland. How much was the damage to your car?

Customer: replied 3 months ago.
Two tyres were burst, and suspension has broken completely. Its about £300 for parts and £200 for tyres then labour on top if we dont try fix it ourselves
Expert:  JGM replied 3 months ago.

From your description it's the contractor which has been negligent by failing to signpost and/or cordon off. You should give them 14 days to accept liability or you will raise a simply procedure action in the sheriff court for your losses. You will have to get an invoice or at least an estimate for repairs. Under £5000 you raise the case in the sheriff court under simple procedure. You can get the forms and details of the procedure at www.scotcourts.gov.uk. Happy to discuss further. I hope that helps. Please leave a positive rating so that the site credits me for my time.