How to claim for pothole damage  
How to claim for pothole damage - Belnahua
Hi,

Last night I hit a pothole and split the side wall of the tyre.

The hole had just recently appeared, and is quite deep.

I had notified the local council (deleted) about the deteriorating state of this road some days previous, and received this reply : - "It is intended that repair works will be carried out in the very near future, I cannot be more precise
until this current stormy weather abates.

Thanks for your comments

Donnie Mcleod"

Knowing that (deleted) council seem to invent and change rules to stop them paying out, is there any wording I can use so they cannot wriggle out of their duty to maintain roads to a decent standard? I have photographic evidence, and the tyres were only 1 month old (done 1000 miles).

Thanks

Local authorities are also included in the Naming and Shaming rules, which are quite simple to understand.

Rule #1 - Don't.

Hugo - BR Moderator

Tags: owning potholes wheels and tyres accidents speed humps

How to claim for pothole damage - Pugugly {P}
"Knowing that (deleted) council seem to invent and change rules to stop them paying out"

They might however fund such repairs by suing this site !

How to claim for pothole damage - Stuartli
Ask the council's chief executive for the name and address of its insurance company and then contact it, outlining the circumstances of your incident and the fact you are making a claim.

However the fact that you knew the road was in a poor state and that the pothole had "recenlty appeared" might count against you if mentioned - perhaps it might be best to just submit a straightforward claim...:-)
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What\'s for you won\'t pass you by
How to claim for pothole damage - Belnahua
Sorry, didn't think mentioning the council's name would cause a problem. Well it was a true statement of fact - I'm just getting fed up with them rejecting the claims, on yet *ANOTHER* excuse. I've already lost 2 tyres & a suspension strut to them in the last 5 years.

Excuse #1 = We already knew about it, so you can't claim.

Excuse #2 = We didn't know about it, so you can't claim.

However it is true what they say Scotland's roads are in a *VERY POOR* & dangerous state...
How to claim for pothole damage - Schnitzel
You can just phone the Highways department and ask for a claim form. If they don't play ball, use your motor insurance legal cover / third party loss recovery, if you have it.
You also have two years from the incident to do the same with previous problems as long as you notified them with in a reasonable time.

BTW, they can't sue this site for mentioning them!!!! Though I can see why people would be so paranoid with things the way they are in this country.

How to claim for pothole damage - john deacon
dont waste any more time

go to the local county court

get the forms for a "small claims summons"

fill them in and issue them against council for damages

you have a 99.99% chance of winning, take some photos of road in case they decide to defend it

they almost certainly will pay up rather than the expense of defending it if there is any doubt you are right

if it did end up in court (i expect they will pay up by return and this will not happen) judge usually takes side of poor ordinary bloke in cases like this

do it

further letters will get messed around and around, its a delaying tactic to put off as many people as possible



How to claim for pothole damage - DavidHM
Some very interesting legal advice here, much of it wrong.

Local authorities pay insurance companies significant amounts of money to handle claims like this for them: some of them play harder than others. Clearly it would be cheaper for them to stump up £60 for the cost of a new tyre than to fight the case, but they work on the principle that fighting this case will discourage 50 or however many other (possibly spurious) ones.

I am not implying that your claim is spurious however.

The Local Authority has a duty to maintain the highway in a reasonable condition. If it had carried out an inspection recently to a satisfactory standard and still found nothing, it would have carried out its duty to inspect and probably wouldn't be found liable. If it were recently made aware of the problem and had scheduled a repair within a reasonable time, again it has probably discharged its duty.

To fail in its duty, it would either have had to fail to inspect every (n) months (depending on the class of road) or unreasonably ignored an issue found at inspection. Otherwise there is no breach of duty and generally no liability.

Also, although if you are not a professional, the Court won't expect you to be aware of all niceties of Court proceedings, simply issuing without any attempt at another form of resolution is not generally best practice. This kind of claim is too small to be worth a solicitor's while commercially, unfortunately, but speak to the CAB.
How to claim for pothole damage - NowWheels
Some very interesting legal advice here, much of it wrong.


And on that basis I'll forewarn that I Am Not A Lawyer :)

However, isn't there a general difference in law between malfeasance (doing something badly) and non-feasance (not doing something)?

As I understood things, it's one thing to claim liability when a job has been done badly (e.g. trench dug, but not filled in), and rather harder when a job has not been done at all.

So DavidHM's comment's make sense to me, and I suggest that some legal advice might be in order before taking proceedings.
How to claim for pothole damage - carl_a
The hole had just recently appeared, and is quite deep.
I had notified the local council (deleted) about the deteriorating state
of this road some days previous, and received this reply :
- "It is intended that repair works will be carried out
in the very near future, I cannot be more precise
until this current stormy weather abates.


Aren't all tires that burst someone elses fault, unless its a really expensive tire I would just forget about it. Far to much insurance and blame culture about. Even if you won it wouldn't make a bit of difference to the council its not their money its your and every other tax payers.
How to claim for pothole damage - john deacon
while i dont pretend to have any legal qualifications

i do have direct experience (close family) of people who have issued summons in similar circumstances, and council or their insurer paid up by return

far too many people put up with bad service by those organisations such as councils paid to look after us

roads that have poor maintenance causing damage should be challenged vigourously by more people
How to claim for pothole damage - Belnahua
Yes, I couldn't agree with you more, that there is too much sue/blame culture.

However, I wear out tyres in 7000 miles due to these roads being in such poor nick. Every journey to work is like an adventure course! Swerving potholes all the time.

I just think that when a pothole is deeper than the depth of the actual sidewall of a tyre itself, then a line has to be drawn. It's not as though the council don't use them regularly, the gritter alone must go down there at least 3 times a week. Surely the drivers have a duty of care to report any dangerous defects?

These are dark unlit rural (single track) roads and as you approach the holes, they look just like small puddles. I already keep my speed down to 30-40 MPH any slower and I'd never get to work!
How to claim for pothole damage - Schnitzel
I'm due in court on Tuesday at 1400hrs with regards to around £500 of damage caused by repeated crossing of defective road humps on the road where I work. It costs £50-£75 depending on how much the claim is for. I would try getting your losses paid for without going to court if you can.

www.moneyclaim.gov.uk/csmco2/index.jsp

The state takes more and more of our earnings, and squanders it on all sorts of PC left-wing rubbish, all I want is a tiny proportion of the money they take from me back. If you pay taxes and get a rubbish service, you should get your money back, it works that way for all other goods and services.
How to claim for pothole damage - Stuartli
I don't known what the situation is in Scotland, but all the council links I've looked up state the known fact that they have a statutory duty to maintain and repair roads.

Some examples:

www.lincolnshire.gov.uk/section.asp?catId=2285

www.chorley.gov.uk/doc.asp?doc=10121&cat=1108

www3.cambridgeshire.gov.uk/transport/roads/highway...m

My own council states the following:

www.sefton.gov.uk/content-2806

Yet the standard of some key roads in the town where I live, even close to town centre areas, can range from average to poor quality...:-(

In fairness, there are more than 300 miles of roads in my town alone but, over the years, many poor quality roads have remained in such a condition whilst carrying ever higher traffic levels.






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What\'s for you won\'t pass you by
How to claim for pothole damage - carl_a
I just think that when a pothole is deeper than the
depth of the actual sidewall of a tyre itself, then a
line has to be drawn. It's not as though the
council don't use them regularly, the gritter alone must go down
there at least 3 times a week. Surely the drivers have
a duty of care to report any dangerous defects?



Well yes if they are that bad then you should go after the council, perhaps a little local press interest may help also ?
How to claim for pothole damage - bugged {P}
Is it o.k to ask where abouts in Scotland Belnahua lives??

Also is it not a company called BEAR scotland that deal with road maintenance??? I may be wrong but im sure in some areas it has big signs with BEAR scotland on and a phone number to report road defects. While im sympathetic to the fact you have suffered alot of damaged to tyres and a suspension strut I have also travelled to scotland many times myself and found them to be in excellent condition considering the variation in temperature you get up there! Even the single track roads often have a better surface than "some" main roads down here!!!

I hope you can get something sorted out with your tyre, expecially as it was so new! Good luck.

How to claim for pothole damage - turbo11
One of my work colleagues had a tyre and alloy wheel destroyed by a large pot hole in Berkshire(apalling roads) .He claimed against the council(sending them photos of the damage to his car and the pothole).He received full payment very quickly.
How to claim for pothole damage - Schnitzel
Hello, I have been in court this afternoon, and I would say don't go, mine has been adjourned but I think I will dump this claim, as it is impossible to get the evidence required by the Judge, unless you car is kitted out like a MIRA research vehicle!
How to claim for pothole damage - Ex-Moderator
And let that be a caution for those people who would believe, or have us believe, that a county court summons can solve anything and always in your favour.

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