To have and to hole

On 18th January 2011, at approx 21.15, so dark, I was driving along the A13 when I hit a large pothole in the road. The damage was quite bad with a bent front right alloy wheel and some tracking damage.

I did some research and found out that Connect Plus manage this stretch of road so, I rang up to see what the claim processes was. I was asked to complete a claim form with all of the evidence I have and submit it to Connect Plus. Last week, after several months of waiting, I finally received a response from Connect Plus. They confirmed that they had a report of the Pot Hole on the 19th Jan (the next day) at 10.23 am and it was fixed by 14.00 that day.

Within the letter they detailed their process and attached maintenance reports that, showed that the last time this stretch of road was checked for any damage was the 14th Jan 2011. Because it had been checked recently and regularly and because they fixed the problem quickly, they are claiming that they have acted lawfully and without negligence. For these reasons, they are not prepared to pay any compensation for the damage caused to my vehicle.

I have spoken to a few people on this including a retired Lawyer who has suggested that I proceed with the claim through the small courts. I had also been given your details and have read some of your reviews and I am hoping you will be able to advise me or better inform me, of my rights and if proceeding with this claim is worthwhile or not?

Asked on 15 August 2011 by DM, Brentwood

Answered by Honest John
I think that if you let this go to court you might lose. It is entirely possible that the adverse weather conditions over last winter caused the hole to appear quite rapidly. But check on www.fixmystreet.co.uk and www.potholes.co.uk to see if anyone else reported the pothole before 18th January. If they did and it remained unrepaired you may have a case.
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