Who is to blame?

[barrym381]

Driving home last night along a unlit single carriageway around 11pm. The road starts off at 40mph then changes to NSL after a short while. I had passed the 40mph section and was slowly increasing my speed to around 55mph.

As I approach the first slight bend I notice in the distance that the car coming in the opposite direction has what appears to be spray in front of its headlights. Approximately half a second later I hit standing water... LOTS OF IT!!! the car aquaplanes and before I can do anything I have spun about 30 degrees and smacked straight into the kerb. At this point I have water gushing over my bonnet, so I am assuming a burst water pipe.

I manage to get the car back onto the road, straightened up and drive home (with a horrible scraping noise). The rest of the road is a gradual down hill, and no one is managing to drive over 20mph as water is still spraying up and over the bonnet and virtually flooded by the time I got to the bottom of the hill.


Now looking at the car the front left side wheel is fcuked. the front bumper is bent i.e. hanging off. So my question is 'who is to blame?' will i be able to claim money for the damage back from the council/water company or will I have to foot the bill myself?? 

this post says near 55mph

[barrym381]

The traffic coming the other way would not of had a similar problem as they were coming up the hill. I imagine there were quite a few people who encountered problems... as it was late I could only see one car quite some distance in front of me and he/she had their hazards on and were doing 20mph like myself. 50m or so down the hill there was a car pulled up at side of road also with hazards on.

I can only speak for myself on this one but i imagine if i had been doing the NSL (60mph) and had caught the water with a car coming round the bend at the exact time it would probably have been a fatality.

I have hit potholes before and always taken it on the chin... but this is the water company that is to blame, its as simple as that.

this post says 20mph thats whats confused me

[Len]

I disagree that there was nothing you could do!
R32 is 4wd yes?

Have you never driven on a skid pan?
Did you manage to engage your brain and take foot off brake?

[_Adam_]

I disagree that there was nothing you could do!
R32 is 4wd yes?

Have you never driven on a skid pan?
Did you manage to engage your brain and take foot off brake?

i dont think brakes come into question when you hit deep water on a bend and begin to aquaplane

[Steve30]

I disagree that there was nothing you could do!
R32 is 4wd yes?

Have you never driven on a skid pan?
Did you manage to engage your brain and take foot off brake?

Was he not driving the Mazda ?

[Misky]

if you was in a boat aka mk3 this would have been a differnt story! 
Im nearly 100% sure that the water company will have disclaimers for stuff like this and they will deal with the highways agency who will hold these disclaimers.

[Jay]

I disagree that there was nothing you could do!
R32 is 4wd yes?

he has a mk6 gti

[R32UK]

Just to clear a few things up...

The burst pipe was in North Leeds

I was driving the mazda (so not 4wd) and even if it had been not much you can do when you aquaplane. Keep up Jay 

Was doing around 50 - 55mph

There was so much standing water it was sraying up over the bonnet

The utility company is still there now with JCB and 2 trucks and lots of flashing lights fixing it. The road is still wet despite it being 22oC outside

Spoken to solicitor and waiting for him to get back to me.... 

[Len]

Ever heard of driving with due care and attention?

[Jay]

I was driving the mazda (so not 4wd) and even if it had been not much you can do when you aquaplane. Keep up Jay 

Wasn't saying you wouldn't have aquaplaned, was just letting the old geezer know you don't have an R32 Unless you do again?