Citroen C1 - Pot hole damage council reject claim - injection doc
In January my wife driving home in the dark hit a massive pothole and bent a lower arm, burst a tyre and squared a wheel.
We took photos of pothole and damage to car and submitted claim form from council .
Just had the claim rejected on the basis that's they check the roads once a month as per the governments policy ! And the road had been checked two weeks previous !

I actually have the incident caught on incar camera and the car literally jumped in the air and the g force sensor went off the scale ! I haven't sent the video to the council, keeping that for rainy day.

Anyone else had similar issue with council claims ?
Citroen C1 - Pot hole damage council reject claim - unthrottled

Bad luck Doc. My brother's focus hit a massive pothole/crater which took out the sump and probably the aircon pulley at the very least.Being the Volvo 5 pot engine, it is going to be expensive-Ford want almost £400 for the sump alone!

Sadly the council are probably right. It is only potholes that haven't been repaired within a "reasonable" timeframe that can be claimed against.

Citroen C1 - Pot hole damage council reject claim - ear8dmg

Have you checked www.fixmystreet.com/ or similar sites? If someone's reported that hole prior to the council's check you might still have a case.

Citroen C1 - Pot hole damage council reject claim - RaineMan

An interesting link. It shows that a re-occuring pothole near me has been reported and fixed numerous times. Why the council's contractors cannot do it properly rather than just slapping in a bit of tarmac each time is beyond me! MTTF must be under a week!

Citroen C1 - Pot hole damage council reject claim - Andy P

Do they have evidence that they've checked the road? Normally they spray white markings around potholes (at least they seem to do it around here).

Citroen C1 - Pot hole damage council reject claim - Simon
Is it possible to file a claim via the small claims court? Your evidence sounds overwhelming.
Citroen C1 - Pot hole damage council reject claim - Engineer Andy

An interesting link. It shows that a re-occuring pothole near me has been reported and fixed numerous times. Why the council's contractors cannot do it properly rather than just slapping in a bit of tarmac each time is beyond me! MTTF must be under a week!

They're often only doing as they're told by their client, the Council, plus they get paid PER JOB, so why do a "permanent" fix when you can get paid more to do a temporary job half a douzen times before the council cottons on and tries to find funding to do a better job.

Councils in my experience (as with many government-type organisations) don't like pre-empting problems with long-term solutions (which almost always saves money and causes less disruption), because it means (as they'll have many such items) they will have to put together a "long term" fund for such work, which either means finding savings from elsewhere (cuts, not efficiency savings, which are often a political no-no), raise revenues by taxing more (again unpopular with the voters - note that it the councillors who suffer for the benefit of the council workers, so who do you think wins out?) or borrow more (which they may also find difficult/inpalateable).

Citroen C1 - Pot hole damage council reject claim - Avant

I think the real blame lies with whoever designs the road surface material that allows potholes to happen. Surfaces will wear out, and councils won't repair them in time - that's a fact of life. But it can't be beyond the wit of man to invent a surface that, when it wears out, doesn't produce senseless deep craters with jagged edges.

Any experts in this field care to comment?

Citroen C1 - Pot hole damage council reject claim - bathtub tom

I saw a number of old potholes temporarily repaired (they were marked with a 'T'). Within a week, the same company came and made a permanent repairs (no doubt thus being paid twice). There was no urgency for the temporary repairs, they were no worse than much of the road damage around.

I contacted my local councillor who came and made the appropriate noises, but never heard any more.

I wonder how many people are making a lot of money out of this?

Edited by bathtub tom on 06/04/2013 at 12:56

Citroen C1 - Pot hole damage council reject claim - Hamsafar

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

Citroen C1 - Pot hole damage council reject claim - Hamsafar

Here is another one...

Dear NCC

I am writing to you to inform you about the damage caused to my vehicle by a defective carriageway, namely G**** Drive in Wes*****and to make a claim against you to make good the damage.

I reported the accident to****** Borough Council (ref.654865) on the 3 rd of June 2010 and they forwarded the information to **** Council.

I received a response from aaa bbb for ******* County Council on the 7 th of June 2010.

The accident occurred when traversing a hump constructed in the road, despite driving at a slow speed, the car dropped down after the hump and a harsh bump was felt and heard, accompanied by a graunching sound.

<*** src="file:///page1image17464" alt="page1image17464" width="268.406000" height="0.250000" />

The Defendant is responsible for maintaining the carriageway, namely ***** Drive in *******, upon which a defect caused an accident resulting in damage to the Claimant's motor vehicle.

The Claimant claims that the Defendant's combined inspection and maintenance regime was inadequate, and that there was a lack of due diligence and reasonable care in carrying out duties.

The Claimant's claim is for damages, as remedy for the cost of repairs carried out to the motor vehicle to make good the damage sustained during the accident.

£

Amount claimed

£382.62

Court fee

£35.00

Solicitor’s costs

Total amount

£417.62

I stopped and looked and found that aft of the hump the carriageway is considerably deformed in two patches where tyres land after the bump, the fabric of the carriageway has worn down, become crazed, but it also appears that the substrate has compacted and the road has been depressed into two pits to form an entrapment. Between the two pits, there is an area of carriageway which appears to have contacted with the underside of many vehicles, including my own, which is evident from the severely scraped surface.

The defects appear to have developed over a considerable period of time, as there is an area of significant scarring where vehicles have previously grounded.

The damage was initially thought to be minor and to the plastic undertray and soundproofing, but oil has leaked into the soundproofing material and is now dripping out onto the floor overnight.

My claim is for £230.62 for the replacement of the sump, and £152.00 for the new sound-deadening undertray. This is a total of £382.62.

Please can you advise me how you may offer to arrange for this.

Edited by Hamsafar on 06/04/2013 at 19:19

Citroen C1 - Pot hole damage council reject claim - injection doc

Hi Guys

well pleased to report success after 3 rejections i then requested all the repair information on the road for the last two years including inspection reports & the speed at which the surveys were carried out !

Sorted so those of you that have suffered stick with it ! they quote you section 58 bla bla bla but just keep going

Citroen C1 - Pot hole damage council reject claim - unthrottled

Doc,

That's wonderful news! Methinks someone wasn't being entirely truthful...

Citroen C1 - Pot hole damage council reject claim - SteveLee

Superb! Well done - one in the eye for the faceless pen-pushers.

Citroen C1 - Pot hole damage council reject claim - gordonbennet

Well persevered Doc, good result.

Citroen C1 - Pot hole damage council reject claim - injection doc

Thank you guys, yeah i was well chuffed too as it seemed I was going up a river without a paddle .

This is one of the sites i used.

The defect reports going back two years and road speed of survey vehicle and number of people involved seemed to be the clincher