How do I claim from the local council for pothole damage to my car?

My car was damaged due to potholes on and around a speed hump, but the council's insurers are adamant that I have no claim quoting the stock S8 Highways Act 1980, contrary to your advice regarding such damage. The series of tarmac speed humps in question have since been replaced for the much lower rubber sort. I keep referring correspondence back to the council to no avail, and wondered if you could point me in the direction of what to quote regarding their 'malfeasance' in legal terms or any specific legislation.

Asked on 12 September 2010 by Tom Cloughton

Answered by Honest John

Take the matter to the small claims track of the county court. Your case is that the council installed an obstruction in the road that caused subsidence to the road surface around it and that was what caused the damage to your car.

Tags: legal advice pothole damage potholes small claims court claims

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