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Buachaill, Barrister
Category: Law
Satisfied Customers: 10973
Experience:  Barrister 17 years experience
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My wife t a dangerous road build-out where a bollard had not

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My wife hit a dangerous road build-out where a bollard had not been replaced after a previous accident. Numerous other cars have hit this unmarked build-out. Our car sustained two burst tyres and we have submitted a claim to our County Council for £350. After initially rejecting the claim, we submitted further photographic evidence and the County Council now agrees we have a case for compensation.
However, they have also produced evidence that they notified their sub-contractor, Balfour Beatty, two days before my wife's accident that it had failed to erect warning signs as requested by the Council's officer.
But the County Council have passed our claim to Balfour Beatty and have asked them to deal direct with us? Is this correct or should the County Council still be responsible to a motorist for the failures of its sub-contractors?

1. Dear Neil, The County Council still has a liability to the motorist, your wife, regardless of the actions of their sub-contractor. Whilst, the County Council will be able to claim an indemnity against Balfour Beatty for failing to erect the signs, this does not avoid the County Council's own liability to your wife. However, should you not be able to reach agreement with Balfour Beatty, you can still sue the County Council for the damages caused to your car and its burst tyres. Ultimately, the County council is still responsible to a motorist for the failures of its sub-contractors.

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