AVB Posted June 22, 2009 Report Share Posted June 22, 2009 Has anybody had any success in getting compensation from a council for damage to their car caused by a pothole? My wife was driving the other day and hit a large pothole on the apex of a bend. Burst tyre, broken wheel and bent suspension. Garage estimate bill in excess of £1,000. It's covered by my insurance but it'll cost me my excess and no doubt my insurance will go up next year. Worthwhile pursuing? Andrew Quote Link to comment Share on other sites More sharing options...
fullbore Posted June 22, 2009 Report Share Posted June 22, 2009 Yes but get some photos of the offending hole along with measurements and something in the photo for scale then you have evidence it was there in case the hole gets mended quick Quote Link to comment Share on other sites More sharing options...
AVB Posted June 22, 2009 Author Report Share Posted June 22, 2009 Yes but get some photos of the offending hole along with measurements and something in the photo for scale then you have evidence it was there in case the hole gets mended quick I got some photos but as it is on the inside op a blind country bend couldn't get anything to reference it against (like a ruler). I have five photos in all, near and far so hopefully will be OK. Andrew Quote Link to comment Share on other sites More sharing options...
fullbore Posted June 22, 2009 Report Share Posted June 22, 2009 As far as I am aware there is a set of criteria for what constitutes a hole, and that is usually a box of swan vestas matches (not kidding) or the equivalent You would be well advised to go with someone to warn/slow down traffic and get the measured photos Quote Link to comment Share on other sites More sharing options...
monkeymagic1969 Posted June 22, 2009 Report Share Posted June 22, 2009 You can only make a claim if the hole has not been inspected and reported on - That's all they have to do ~ inspect ( no need to fix) Quote Link to comment Share on other sites More sharing options...
RhiannonBW Posted June 23, 2009 Report Share Posted June 23, 2009 You need to put in a Freedom of Information request to the Council to check what their inspection/repair criteria are, and how often that particular road should be inspected/repaired. Only if the council have not maintained it to their own standards will you have a claim. We damaged a tyre hitting a pothole and weren't able to claim. When we were at the tyre place, the owner said he'd had loads of people with damaged tyres - the winter weather really wrecked the roads in the Midlands. Rhiannon Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted June 23, 2009 Report Share Posted June 23, 2009 My sister managed to get them to pay for hers! Broken wheel rim n tyre n they paid for new one. Hole was quite bad though! GET GOOD PICTURES ASAP! Quote Link to comment Share on other sites More sharing options...
jonno 357 Posted June 23, 2009 Report Share Posted June 23, 2009 I did all the spade work for my Mum 2 years ago. Mum and Dad live a few doors from the local infants school. Contractors had dug some stone flags up outside Mum's house and left a 2" step between the flags. My Mum fell and smashed her glasses cuts to knees, elbows, face and hands Sued local council for £3k. After all the pay out all they did was get a council worker to come out spary red paint around the flag and leave it for 6 months Jonno Quote Link to comment Share on other sites More sharing options...
rjimmer Posted June 23, 2009 Report Share Posted June 23, 2009 The councils are now liable for any damage caused by lack of maintenance(nonfeasance) besides doing something that caused damage(misfeasance). One thing that might have a baring on the amount of damage caused was your wife's speed around a 'blind country bend'. Quote Link to comment Share on other sites More sharing options...
markb Posted June 23, 2009 Report Share Posted June 23, 2009 There was a thing about this on the "one show" last week, basicly if the council have inspected the road and are aware of the problem they don't have to do anything else, least that's the way I heard it. Quote Link to comment Share on other sites More sharing options...
jonnyoftheboy Posted June 23, 2009 Report Share Posted June 23, 2009 AVB have a look on here.... should help... http://www.potholes.co.uk/ Quote Link to comment Share on other sites More sharing options...
mossy835 Posted June 23, 2009 Report Share Posted June 23, 2009 yes get a photo of it,and when you report it you can bet your *** the next day they will fill it in.so get photo then report it, Quote Link to comment Share on other sites More sharing options...
AVB Posted June 23, 2009 Author Report Share Posted June 23, 2009 AVB have a look on here.... should help... http://www.potholes.co.uk/ That's a great site. Well worth reading if you are considering making a claim. I have sent off my FOI just now following the advice they give. Andrew Quote Link to comment Share on other sites More sharing options...
AVB Posted August 29, 2009 Author Report Share Posted August 29, 2009 I followed the advice on www.potholes.co.uk. So far it's going exactly as they predict with the councile rejecting the claim because they have inspected the road. However I have spent a couple of hours examining the reams of information that comes back after requesting the information through the Freedom of Information Act and think I have a case - The council hasn't adopted the National Code of Practice for Highways Maintenance Management and there are a number of defects in the road that remain open. So just written my appeal against their rejection. Let's wait and see what happens. Andrew Quote Link to comment Share on other sites More sharing options...
badshot Posted August 29, 2009 Report Share Posted August 29, 2009 Good luck, it is possible to get the damage paid for, my local council gets round it by saying if it has been 'marked' with paint then you have been warned about it. Quote Link to comment Share on other sites More sharing options...
AVB Posted September 19, 2009 Author Report Share Posted September 19, 2009 Result. Got letter from council today saying that they would settle my claim without of course admiting liability. Worth the hassle of requesting and analysing the FOI data as recommended by www.potholes.co.uk. Thanks to jonnyoftheboy for recommending it. Andrew Quote Link to comment Share on other sites More sharing options...
Lord Geordie Posted September 20, 2009 Report Share Posted September 20, 2009 I chased MY local council for damages to my car caused from a SPEEDHUMP. I had the car sorted for an MOT with new wishbones ball joints shockers etc. They failed within 5 month as I have a speed hump on the estate thats more like ben nevis. My argument was the speed hump is too severe and road car suspension is designed for flat roads. Taking my car over this speed hump and all others in my opinion is like mounting the kerb or driving over a ploughed field. I went to the council and my argument fell on deaf ears. SO I went to the papers AND had a petition signed by all but 1 person on the estate AND a further few hundred who used the local shop where I had the petition papers. They sent the engineer out to inspect the speed hump and admitted it was too severe and I claimed my repair costs of near £400 back from the council. In my opinion if instead of using all that tarmac to make speed humps they used it to fill in the holes our roads would be a joy to drive on. Speed humps are nothing but a menace and in most areas they fail to have the desired effect. Personally I think they should all be removed and chicane style traffic calming installed instead. Glad to hear your getting your compensation and well done. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.