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I was wondering if I should persue a legal matter with

Customer Question
Hi I was wondering...

Hi I was wondering if I should persue a legal matter with VicRoads and wanted some help

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Victoria

Lawyer's Assistant: Has anything been filed or reported?

Yes my husband hit a pothole and it has damaged his rims and underbody of the car incident claim put in and letter received from VicRoads stating declined and if we wish to take this further to seek legal advice

Submitted: 11 months ago.Category: Australia Law
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Answered in 2 hours by:
9/15/2017
Solicitor: John Melis, Lawyer replied 11 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,556
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

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Solicitor: John Melis, Lawyer replied 11 months ago

Dear customer, in relation to your important matter, where your husband's vehicle was travelling on a road designated as a main road, and there was damage to the vehicle, a civil claim may be brought in the Magistrates Court.

The key element of raising a claim is to prove that the pothole caused the damage. This will require an expert mechanic's report, and traffic engineer's report, which confirms that the pothole caused the damage. Photographs of the pothole will also be required to demonstrate with the traffic engineer's report.

Claims are commonly raised in relation to road incidents and damage caused to vehicles as a consequence of poor road conditions.

If you would like to discuss this matter further by telephone, I welcome you to request those services.

The law will come to your aid to protect your rights.

If you have any further questions, I would be pleased to answer those for you.

Kind regards
John Melis

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Customer reply replied 11 months ago
I have been to a panel shop who has completed a quote on the damage I have a video recorded just after it was done showing damage and I have photo proof of the pothole is this enough and roughly what will this cost us to resolve or would we be off paying for it ourselves - panel shop quotes $3500 damage to the vehicle that is without the wheels being repaired would need to be sent off to be quoted
Solicitor: John Melis, Lawyer replied 11 months ago
Dear customer, a traffic engineers report will be important to indentify the relevant connection to the damage and the pothole that caused it. Where you bring a claim in the magistrates court and if you are successful you may raise a cost order against the losing party. The important aspect in your claim is the supporting evidence.I welcome you to call me to discuss the same in detail you prefer. Otherwise I am pleased to answer your questions.Kind regards
John Melis
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