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Recently I was going round a corner, one I often go round, and I heard a horrible clunk and crunch but continued driving to my destination... I thought I had just hit the curb...and totally my fault etc...but when I stopped my car and looked to see the damage I could see a bracket had broken behind the bumper area on the left hand side..and a plastic guard was missing and quite a lot of damage for just bumping a curb. I went back to the place it had happened and saw that right alongiside the area where you go round the corner there was quite a deep ditch where a car wheel could easily lodge ..it was filled with water and I think something has changed at this corner due to recent pipe laying on the road... I am going to try and find out more..the road is very narrow at the corner ..in order to slow traffic but if you are turning left and there is a car coming in the lane opposite you, you would be inclined to drive closer to the curb because there is not much room for two cars at this corner.. so you could easily drive into this ditch area. Would I be within my rights to ask the city council to pay the excess on my insurance (if the ditch area has been caused by recent roadworks) when I get this damage repaired. Whatever the situation I am going to make a complaint about this ditch like area right at the corner. I am sure it wasn't there before because I have been round this corner countless times without incident, and I think it could happen to other people.. I couldn't see this ditch like area from the driver's seat.

Hi there,
You could make a complaint to the company responsible for the road maintenance or who was carrying out the works- only if it was within the road lane markings or what would be considered part of the road ie a large pothole in the driving line. If you drove off the road (even to avoid oncoming traffic on a skinny road) and into the ditch- or curbing I don't think you would have a case.

Having since contacted the Hamilton City council about the road in question I notice there are now some orange cones around the area in question. I agree it was totally my fault if I hit the curb etc by going too close but you don't expect such a bad curb to be right there with a ditch etc, plus it wasn't really visible to me... so I feel that the damage I incurred to my car could have been avoided if those orange cones had been there earlier. I think the ditch is new due to digging...and will be repaired. So possibly there may be a case for payment of insurance excess maybe...I have been asked to provide photos of the damage etc. Also I am glad the cones are now in place so noone else will have the same thing happen to them.