Can I claim for this pothole damage?

On 16th January 2013 my car hit a large pothole on the outskirts of Tring. The hole was so large it pulled the vehicle to the verge hitting the concrete edge, smashing the front wheel and buckling the back wheel on the nearside of the car. Both tyres were punctured, meaning I had to be taken back home nearly 200 miles by the RAC.

I had to replace a full set of wheels because the two damaged wheels could not be matched. I also had to change all four tyres on my BMW 530D. Finally I had all the geometry re-set on all wheels to ensure no other damage. The bill came to £1300 and I duly submitted my claim, together with all photos, via the claim form on Herts CC web site.

I had already reported the pothole on their website and had a report number, so I had followed their system.
I have received a letter stating that they had checked the road on 23rd January 2012 and all was OK, so they refused to accept responsibility.

Do you feel that a year between checks is adequate, and do you think I should appeal?

Asked on 14 February 2013 by Neil Bradley

Answered by Honest John
Check with www.fixmystreet.co.uk and www.potholes.co.uk to find out if the pothole had been reported to the council and not fixed. If this is the case you have a clear demand for your damages amounting out of the council's malfeasance. If not pre-reported, obviously report it yourself and still proceed with a claim via www.moneyclaim.gov.uk
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