Potholes in 2012

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Mon 22 Oct 2012 14:19
Potholes in 2012 - Fiestadriver

Hi, does anyone know what the success rate is at getting paid or suing the council in 2012 with all the potholes about..

2 days ago I damaged my vehicle on a badly repaired pothole (council paint still on the repair)

I buckled the front wheel, blew out the tyre and buckled the rear wheel. The hole measured

about 30cm by 45cm by 15cm deep and had a hard old tarmac shoulder, and of course was filled to the brim with water.

I notified the police, I took photos, and then abandoned the vehicle safely nearby, (it was Friday evening so not to expect much assistance- and I lived only a mile away)

Going back next day, the repair had been done but was going again, the day after that it was deep enough to accomodate my mobile phone. My insurance will cover the cost of the repairs oh yes but at my expence....wonder how succesful will I be at getting my expences, my insurance doesnt want to know....any ideas folks??

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Mon 22 Oct 2012 14:57
Potholes in 2012 - skidpan

Some years ago I hit a pothole and bent both nearside rims. The tyres did not deflate but you could see where they had been crushed against the rims. Went back with a camera to take photos and a lady came to ask what i was doing, told her and she said the hole had been there a good while and she had written to the council about it herself, she offered to write me a letter confirming this, I immediately accepted.

Sent the letter together with quote for 2 new wheels, 2 new tyres and an alignment check together with photos and letter from the nice lady. A few days later got a letter back confirming that on a "no prejudice basis" they would pay the cost of the check, wheels and the value of tn tread remaining on the tyres, delighted.

Being a decent sort I shopped round and got the wheels cheaper plus I got an excellent deal on 4 tyres. When I sent in the invoices I made it clear it was for 4 tyres but the council's insurer paid me for them all, did I complain, honestly, no.

The hole was filled within days of me sending the letter.

Be persistant.

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Mon 22 Oct 2012 15:01
Potholes in 2012 - Ethan Edwards

Check fixmystreet.com / potholes.co.uk to see if it's been previously advised. That should strengthen your case.

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Wed 24 Oct 2012 18:44
Potholes in 2012 - Hamsafar

Over the years I have suffered damage and successfully claimed in court to make good the damage caused by carriageway defects, hire cars, taxis etc....

They will try and use the statutory defence that they had an inspection and repair regime based on national guidelines with respect to the class of road and type of traffic and give you an excel spreadsheet type thing to show the hecks.

You have to reject this and claim that the inspection and repair regime is inadequate for the condition of the road, and take photos showing the poor condition on the road around the repair and that this has been deteriorating to the current state for some time.

You should also say that the statutory defence does not absolve them of their responsibilty and as the hole developed over some time and was not caused by an unforseeable event such as a collapsed void then they are liable and haven't shown due diligence. blah blah blah.

Edited by Hamsafar on 24/10/2012 at 18:45

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Thu 25 Oct 2012 14:04
Potholes in 2012 - Fiestadriver

thanks for that advice, much appreciated, I went back and asked the lady of the house nearby

and she advised me it was xxxxxx.Water that dug the hole only the previous day, so it didnt last 24 hours, on a main road too....so will be following that up, and will advise how I get on...regards...F.G

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