There are no Government policies on inspection regimes.
What they probably mean is that the road has been inspected to the recommendations set in the Highway Maintenance Handbook.
www.icevirtuallibrary.com/content/book/100472
The book is used by virtually all Local Authorities for planning the assessments, and prioritise repairs depending on Probability vs. impact by way of road classification, traffic levels, enviromental issues (such as school).
In my experience, you need to show that the road around the defect is generally in a poor condition and has evidence of frequent repairs. Did they send you a schedule of inspections and repairs?
"Thank you for your letter of apology dated 15 th March 2007.
I have now collated my losses for you.
I include copies of the primary bills which I have had to pay as a result of the accident.
7 th March 2007 Taxi from garage to place of work £9.00
21 st March 2007 Taxi from work to garage £12.00
20 th March 2007 Replacement car hire £229.12
21st March 2007 Repairs to vehicle £1285.97*
My claim with respect to the damage to my car is for the sum of £1304.35.
You will notice that this is less than the total of £1536.09 I have paid, this is because the following parts were replaced, as it was deemed prudent to replace them while removed rather than putting the old ones back.
Top strut bearings £29.68
Anti-roll bar drop links £52.06
Tyres £150.00
If you require any further information, please do not hesitate to contact me in writing, or by email at"
Here is the sort of thing I put on a small claims form....
"The Defendant is soley responsible for maintaining the carriageway, namely B******Street in Nottingham, on which a defect caused an accident resulting in damage to the Claimant's motor vehicle and a personal injury to the Claimant.
The Claimant's claim is for damages, as remedy for part of the cost of repairs carried out to the motor vehicle to make good the damage sustained during the accident.
The Claimant claims that the Defendant's inspection and maintenance regime was inadequate, and that there was a lack of due diligence and reasonable care in carrying out duties."
Edited by Hamsafar on 06/04/2013 at 19:11
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