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Tuesday, 9th February 2010

Driver wins speed hump cash battle

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Published Date: 30 October 2008
E-mail mark thompson

A MOTORIST whose car was damaged by a speed hump has won an insurance payout following a year-long battle with his local authority.
Alan Finlayson says he did not see the speed bump and just heard a loud bang when he bounced over it in Jutland Road, Hartlepool, on July 30, last year.

The married dad of one was furious when he found out a spring on the front suspension of his £2,000, 11-year-old Mercedes E250 had £480 worth of damage and was sure he had a case against Hartlepool Borough Council for not sign posting the hump properly.

Mr Finlayson, 71, was told by the Citizens' Advice Bureau that he may have a case, but friends said getting a solicitor could result in a long and expensive legal battle.

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Instead the retired Graythorp light engineering worker headed to the library and did his own research which resulted in council chiefs paying his repair bill 13 months later.

After wading through pages of motoring law he came across the Highways (Road Humps) Regulations 1999 which states a council must provide "adequate warning of the presence of a road hump or series of road humps to persons using the highway".

Mr Finlayson, of Burnaby Close, Hartlepool, said: "It has taken a long time but I always knew what I said was right because I have read all the regulations.

"It shows that people can take on something as big as a council and it has only cost me a few quid.

"I went down the library and dug out the Road Traffic Act to prove that there should have been signs and they should have been illuminated.

"All there was at the time was the word 'slow' written on the wrong side of the road as you approach it.

"There were no signs and it wasn't lit so they were clearly liable.
"All it has cost me is a couple of quid for photocopying and sending a few letters."

Mr Finlayson won a £480 pay out to his insurance company from Hartlepool Borough Council's insurers in August, but he says it is not all about the money as signage has now been installed near the bumps.

He said: "I'm not against speed bumps at all, I just think that they should be well sign-posted to stop cars being damaged.

"It can be very dangerous because hitting a bump messes up all the geometry of the steering and you could end up anywhere."

A spokesman for Hartlepool Borough Council said: "We did receive a complaint from Mr Finlayson and we have settled a claim from him.

"We have since taken steps to include the correct signage and road warning markings in the vicinity of the humps."

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  • Last Updated: 30 October 2008 11:07 AM
  • Source: n/a
  • Location: Hartlepool
 
 
 


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