From Newsgroup: uk.legal.moderated

On Sat, 29 Aug 2026 11:51:55 +0100
ColinP <colin@nodrup.org.uk> wrote:

I have put in a claim to the local council for damage caused by an
uncovered drain. It damaged a wheel rim and the tyre needed replacing
as it could not be repaired.

Because there was quite a disparity between the tread depths on the
new tyre and the tyre on the opposite side (just under 3mm compared to
just over 6mm), I replaced both both tyres.I claimed for just the one
new tyre (plus rim repair, which is not disputed).

The council, or the agent acting on their behalf, have said that they
will not cover the new cost of the tyre, saying that it would be
betterment and have put in a reduced offer. My argument is that it is
hardly betterment if putting only one new tyre on makes the car less
safe in hard-braking situations, and that I needed to replace both
tyres prematurely (I repeat, I only claimed for one tyre).

If the council do not improve their offer, would I have any chance in
a small claims court of recovering the full cost?

Thank you for all the replies and suggestions. The ball's in their
court now, let's see what they come back with.


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From Newsgroup: uk.legal.moderated

On Sat, 29 Aug 2026 11:51:55 +0100
ColinP <colin@nodrup.org.uk> wrote:

I have put in a claim to the local council for damage caused by an
uncovered drain. It damaged a wheel rim and the tyre needed replacing
as it could not be repaired.

Because there was quite a disparity between the tread depths on the
new tyre and the tyre on the opposite side (just under 3mm compared to
just over 6mm), I replaced both both tyres.I claimed for just the one
new tyre (plus rim repair, which is not disputed).

The council, or the agent acting on their behalf, have said that they
will not cover the new cost of the tyre, saying that it would be
betterment and have put in a reduced offer. My argument is that it is
hardly betterment if putting only one new tyre on makes the car less
safe in hard-braking situations, and that I needed to replace both
tyres prematurely (I repeat, I only claimed for one tyre).

If the council do not improve their offer, would I have any chance in
a small claims court of recovering the full cost?

Update: After some back back-and-forth they did finally agree to the
total that I originally claimed - so success! I pretty much used the
argument suggested by Roger Hayter and that seemed to do the trick.
Again, thanks to all who responded.

As an aside, I'd like to say that it is good to see that
uk.legal.moderated is still alive and well. I used to be an avid reader
(and very occasional contributor) some years ago, under a different
handle, and I think I learnt a lot from it.


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From Newsgroup: uk.legal.moderated

On 8/29/26 21:09, Simon Parker wrote:

On 29/08/2026 11:51, ColinP wrote:

I have put in a claim to the local council for damage caused by an
uncovered drain. It damaged a wheel rim and the tyre needed replacing
as it could not be repaired.

Because there was quite a disparity between the tread depths on the new
tyre and the tyre on the opposite side (just under 3mm compared to
just over 6mm), I replaced both both tyres.I claimed for just the one
new tyre (plus rim repair, which is not disputed).

The council, or the agent acting on their behalf, have said that they
will not cover the new cost of the tyre, saying that it would be
betterment and have put in a reduced offer. My argument is that it is
hardly betterment if putting only one new tyre on makes the car less
safe in hard-braking situations, and that I needed to replace both
tyres prematurely (I repeat, I only claimed for one tyre).

If the council do not improve their offer, would I have any chance in a
small claims court of recovering the full cost?

Short answer: Yes.

Longer answer: I would cite the advice from KwikFit [^1] which clearly states that if the tread difference is greater than 3mm then it is
dangerous not to replace both tyres on the axle at the same time.-a I
would then offer the council or their agent the choice of paying 100% of
the cost for one new tyre (per your original claim) or 50% of the cost
for two new tyres (to reflect betterment).-a Send it in the form of a
Letter Before Action with all that this entails.

50% seems a bit high. 3mm is more like less than 25% life left.



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