I hit a pothole in a lane on Sunday, not at any great speed, but the pothole was deep enough to buckle the wheel rim (it's a steel wheel, not an alloy).
I'm writing a letter to the highways office at the local authority now - can I recover the cost of a new wheel and tyre from the authority, and how do I go about it? Unfortunately I was without a camera on Sunday, so I don't have a photo of the pothole.
Thanks in advance for any advice.
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To do so, you need to prove that they knew about it in advance of your accident and that they did not fix it in a 'reasonable period of time'. Been there, got the T shirt and a big bill that wasn't settled. Sorry!
Edited by moulder on 23/10/2007 at 11:52
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To do so you need to prove that they knew about it in advance of your accident and that they did not fix it in a 'reasonable period of time'. Been there got the T shirt and a big bill that wasn't settled. Sorry!
SNAP
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I've had two tyres from different local authorities after pothole damage, though both were some time ago and the first (from Barking & Dagenham) took over six months to settle as it was the result of a road repair that was carried out by sub-contractors. As said, take a photo of the the pothole showing it's position on the road as evidence that it was difficult to avoid when driving with reasonable care.
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You could get someone else to report the pothole (take a pic., send it in, get response), and then make your claim - however, this would be extremely underhand, and I couldn't possibly recommend it.
If it's only minor damage, tour local tyre centre should be able to knock it out for you.
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You could get someone else to report the pothole (take a pic. send it in get response) and then make your claim - however this would be extremely underhand
Local Authorities highlight the pot holes / repair areas with white/yellow spray paint say 2/3 weeks b4 the repair crew get there. Check your area for paint marks on the road.
It would be highly illegal for you to highlight the repair zone of the pothole you fell into.
If however "another member of the public" highlighted it and then a few days later on and then you took a picture....................
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Perhaps you could try driving more carefully next time. It's no wonder potholes aren't filled in rapidly if Council departments spend their time and budgets on dealing with unobservant motorists. Lucky it wasn't a child playing in the road, wasn't it?
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>>It's no wonder potholes aren't filled in rapidly if Council departments spend their time and budgets on dealing with unobservant motorists.>>
That's a bit harsh - it could well have been at night.
The local council will more than likely refer you to its insurance company.
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What\'s for you won\'t pass you by
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Perhaps you could try driving more carefully next time.
Come come Mapmaker. You don't necessarily see potholes from afar, and you may not be able to avoid them from close-to because of other traffic. You certainly don't want to be braking heavily when you are going across a pothole. I broke a drive shaft once doing that.
The roads are ill-maintained. But it's not very surprising, because they are overcrowded as well.
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>>Perhaps you could try driving more carefully next time. It's no wonder potholes aren't filled in rapidly if Council departments spend their time and budgets on dealing with unobservant motorists. Lucky it wasn't a child playing in the road, wasn't it?
Mapmaker - thanks for the comment. I thought I was entitled to expect roads to be in a reasonably well maintained state, given the road tax, council tax, and fuel duty I already pay. After all, I spend money to keep my car well maintained and if it does cause damage or injury I have to pay through my insurance.
As per my initial post I was driving at a sensible speed - I saw the pothole but as it was right at the side of the road under the verge I didn't realise how deep it was until I hit it. I could have swerved in the road to avoid it of course, but drivers in oncoming vehicles probably would not have appreciated my doing so.
Thanks to everyone else for the helpful advice. The pothole in question is on a narrow but fairly busy B-road out in the country. I've reported it to the highways office of the local council and suggested they repair it as soon as possible as the road is well used by cyclists on Sundays. The wheel's been sorted - cost less than £40 with the tyre, so not a huge loss.
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40 nicker is still 40 nicker though
hope you get some compo AshT
for the benefit of others, most councils allow you online to advise of potoils at their wibbly wobs,i use this service for everything from untaxed vehicles to street lights and it works
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A few years ago I hit a deep pot hole on a rainy day so hole looked like a puddle - this was on a B road so driving near to verge was normal - The impact buckled alloy wheel and put a large bulge in tyre - I tackled the local council who said sorry the hole has been reported and filled in -- O no it hasn't - O yes it has - and so it went - the Council insurance company refused to pay so I made some enquiries - if the repair had failed days after the repair (this had due to large rivers running down side of road+ the lorries) then they are liable - I told them that ignorance of failed repair is no defence in law so their actions fell half way between incompetence (I think) and malfeasance - within a week their insurance company had coughed up £250 so it is possible to get compensation if you try hard enough and come up with right buzz word - That word by way was compliments of "Tarmac" the road company and a very helpful employee
Dave
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Remembered -- negligence and Malfeasance
Dave
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This case was reported in the Liverpool Echo in August.
"A MOTORIST who took his local council to court after his car was damaged by a pothole has lost his claim.
Edward Mercer, 32, took on St Helens council after his Smart car lurched into a hole in Melbrook Lane, near his home in Eccleston, St Helens, damaging the wheel.
He went ahead with the claim even though the damage only cost £40 compared with £5,000 in court costs he faced if he failed.
The former secretary represented himself against a highly-qualified legal team paid by St Helens council.
His claim was based on the argument that the council breached the 1980 Highways Act by failing to repair a pothole within the designated three-month period.
He measured the depth of a similar-sized pothole on the same road at 45mm, then measured it three months later when it had deepened to 70mm.
But yesterday, at St Helens county court, deputy district judge Heseltine ruled in the local authority?s favour saying that the council was repairing potholes on the road in line with road highway policy.
But, it was decided that Mr Mercer did not have to pay the costs as he had no legal representation and had suffered financial loss because of the pothole.
Today, he told the ECHO: ?I?m disappointed, this is another case of the giants winning out against the minnows.
?It was an intimidating experience and I had no chance against the council?s solicitor and barrister.
?I produced a 50-page document as evidence, and I?m proud I stood up to myself, even though I lost. It?s amazing since the story hit the news, I?ve had total strangers coming up to me and encouraging me.?
After the ECHO revealed Mr Mercer?s claim, we were inundated with messages from readers wishing him good luck.
A spokeswoman for St Helens council said: ?We complied with the law and are pleased with the outcome.?
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dont give in to them the same thing happend to my brother they paid for new wheel but only half for tyre as they say it is used it was a alpha 146 take a photo where and depth we used a cone time is on your side keep at them they will try and dour you out keep at them best of luck
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