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  • FIRST POST
    • Former MSE Rebecca
    • By Former MSE Rebecca 7th Nov 14, 12:50 PM
    • 113Posts
    • 96Thanks
    Former MSE Rebecca
    Pothole claims guide discussion
    • #1
    • 7th Nov 14, 12:50 PM
    Pothole claims guide discussion 7th Nov 14 at 12:50 PM


    Hi all,

    We've written a new Pothole Claims guide for the website and we'd love your feedback.

    How did you find the info? Was it useful? Do you have any other tips you would add?

    Thanks for your help,

    MSE Rebecca
Page 1
    • Ectophile
    • By Ectophile 7th Nov 14, 7:48 PM
    • 2,562 Posts
    • 1,522 Thanks
    Ectophile
    • #2
    • 7th Nov 14, 7:48 PM
    • #2
    • 7th Nov 14, 7:48 PM
    Where have you hidden it? I can't see it anywhere.
    • facade
    • By facade 7th Nov 14, 7:52 PM
    • 2,635 Posts
    • 1,353 Thanks
    facade
    • #3
    • 7th Nov 14, 7:52 PM
    • #3
    • 7th Nov 14, 7:52 PM
    Click on the Article alert banner
  • MrCautious
    • #4
    • 26th Nov 14, 5:40 AM
    • #4
    • 26th Nov 14, 5:40 AM
    I don't like this kind of thing. You are moving into the no win no fee kind of territory. The compensation culture we are becoming s not pleasant.
    • ca55ie
    • By ca55ie 26th Nov 14, 8:37 AM
    • 246 Posts
    • 338 Thanks
    ca55ie
    • #5
    • 26th Nov 14, 8:37 AM
    • #5
    • 26th Nov 14, 8:37 AM
    Hit a pothole when pulling back into the inside lane on the M6 (between J17 and J16). It was so deep it caused a blow out. The whole experience was very frightening and I was fortunate to be able to get to the hard shoulder safely.
    I decided to claim from the Highways Agency because that stretch of the M6 was a series of pot holes and poor tarmac.

    The best advice is persevere. The forms sent to me were phrased to make me give up before I started - so negative. However, I was so angry I completed every step (hurdle) and eventually they compensated me for the replacement wheel and tyre I required.

    My advice - ask for compensation, keep all the evidence, bills etc and keep pushing them.

    Good Luck
    • ca55ie
    • By ca55ie 26th Nov 14, 8:43 AM
    • 246 Posts
    • 338 Thanks
    ca55ie
    • #6
    • 26th Nov 14, 8:43 AM
    • #6
    • 26th Nov 14, 8:43 AM
    I don't like this kind of thing. You are moving into the no win no fee kind of territory. The compensation culture we are becoming s not pleasant.
    Originally posted by MrCautious
    I'm sorry - I don't understand your post. It's very scary having a blow out - I wouldn't wish it on anyone. This isn't about compensation. Its reparation and hopefully making authorities take the dangers of un-repaired potholes more seriously.
    • tykesi
    • By tykesi 26th Nov 14, 8:55 AM
    • 1,643 Posts
    • 2,145 Thanks
    tykesi
    • #7
    • 26th Nov 14, 8:55 AM
    • #7
    • 26th Nov 14, 8:55 AM
    This isn't about compensation.
    Originally posted by ca55ie
    Erm... From your earlier post... (four minutes earlier - had you forgotten already?)


    and eventually they compensated me for the replacement wheel and tyre I required.

    My advice - ask for compensation
    Originally posted by ca55ie
    Oh dear...
    • stmartinsdiver
    • By stmartinsdiver 26th Nov 14, 9:16 AM
    • 91 Posts
    • 103 Thanks
    stmartinsdiver
    • #8
    • 26th Nov 14, 9:16 AM
    • #8
    • 26th Nov 14, 9:16 AM
    One evening last December we were one of a number of motorists who hit a deep pothole which resulted in me needing a replacement steel wheel and tyre. Our council has an online facility for reporting potholes which I used to report this and several others and they were all patched within a few days. Despite my misgivings about claiming I did so as it was obvious that this pothole had only recently been patched but the plug of tarmac had come out leaving a sheer sided hole nearly six inches deep and two feet across which when full of water was invisible in the dark. The following morning I took several photos of the pothole and damage to the car at which time two other motorists stopped to say that they had also sustained serious damage to their vehicles on the same evening. I actually picked up several wheel trims (including mine) that were lying on the verge where other cars had hit the same pothole.
    After completing an online claim form and sending the pictures and a quote for a new wheel, tyre and tracking check I received a payment of 277 from my local authority. My advice would therefore be to first check whether the authority responsible for the road in question was already aware of the pothole and if not, when they last checked the road as they are legally obliged to do this periodically. Common sense and fairness needs to prevail as the Council can hardly be expected to accept responsibility for something they could not reasonably have been aware of. If however it turns out that this was a known problem and no remedial action had been taken then it may be reasonable to submit a claim. If this is the case make sure you provide a clear explanation of what happened, when, where and what the resultant damage was with photographs and a proper garage quote to support your claim.
    It took quite a lot of time and effort to submit a claim but I was very pleased with the response and result so cannot fault the Council in the way they responded and acted having met my claim in full.
  • cjmason72
    • #9
    • 26th Nov 14, 9:41 AM
    • #9
    • 26th Nov 14, 9:41 AM
    Has anyone had a successful claim for people and potholes as my son tripped up one when he was crossing the road (he was two at the time) and I complained to my local council who subsequently sent me a very large letter containing every bit of documented evidence on how they maintained this road yet obviously it was not maintained at the time my son injured himself and his facial injuries were horrific. They just did not want to know
  • autosere
    pothole
    About 2 months ago I was on the approach road entering the caravan club site in Southport when I went down a pothole which was full of water, It took a slice out of my car tyre, I could,nt stop to take a photo of the hole because I had my caravan connected & I would have blocked the road. On returning home which was 45 miles away I had the tyre checked by a tyre firm, They said it was dangerous to use & get new one, 220 fitted & (wheel needs to be repaired yet). The hole was 2 mtrs square, 440 cms deep & Sefton council new about it but decided not to do anything about it till after the August bank holiday they didn't even cone it off knowing that road would be busy with caravans all day every day. To cut the story short I have now received a letter off their claim handler that it is hard luck, they done all they needed to do & they are not liable. The hole was repaired 2 days after the bank holiday, I have been told they had a duty of care to cone it off for the safety of the public & pursue the claim. Any comments anyone
    • Shazzak
    • By Shazzak 26th Nov 14, 9:45 AM
    • 6 Posts
    • 1 Thanks
    Shazzak
    Hi

    Can we have advice what to do when the responsible authority says it is not responsible, because the pothole is down to a third party, eg, a utility supplier, who did not complete the repair work to the right standard, hence a pothole. This happened to us last year and the authority denied responsibility on these grounds. We argued that the highways authority was responsible for the roads and the contractors it appoints to undertake any works to repair the roads, and that we ought not be responsible for chasing around after their failed contractors, since contractually that ought to be the role of the organisation commissioning the work. We were sent on a wild goose chase to try to get a round 200 worth of repair work refunded.

    Many thanks.
    • tykesi
    • By tykesi 26th Nov 14, 10:04 AM
    • 1,643 Posts
    • 2,145 Thanks
    tykesi
    Heaven forbid anybody might actually look where they're going?!
  • veedubu
    what about damage to bikes (cycles)? It is a real hazard and can cause actual injury.

    Can we claim too?
  • autosere
    I don,t understand the comment by somebody called tykesi. The answer to veedubu is, any member of the public cyclist, motorist, or pedestrian.
    • clint1
    • By clint1 26th Nov 14, 11:36 AM
    • 4 Posts
    • 0 Thanks
    clint1
    Potholes in Essex County Council area
    I wish anyone luck for trying to claim for pothole damage. I had photos, towing and repair receipts, had filled out their Highways incident form and even finally, received a list of notification reports from members of the public, made in the 3 weeks previous to my pothole incident, from their Highways department and still their legal department would not accept the council were negligent in not repairing the known pothole sooner. This took about 7 months of correspondence and their final suggestion to me was to take them to small claims court!
    The irony was, that amongst the information they sent to me about this pothole was that they were first aware of it in September 2013, 5 months before my damage!
    What signifies negligence then????
    • dianewebber
    • By dianewebber 26th Nov 14, 12:06 PM
    • 4 Posts
    • 0 Thanks
    dianewebber
    Pothole
    I had a water leak outside my home (busy main road) for over a year and I constantly complained about it - when it got icy it was lethal for drivers as was like a skating rink - I complained to the water board who said they needed permission off the Highways dept to close the road and they said they needed permission off Nexus (Tyne and Wear Metro) as they would need to put up temporary 'manual' lights - after going back and forth over 12-14 months the crack turned into a hole and as its on a double decker bus route/lorries passing daily the hole got bigger - as we are also near a school and a public park I complained that large chunks of tarmac/rubble were being thrown up by passing vehicles and someone / some child was going to get hurt - my large hedge was full of the stuff - luckily it was protecting my front window - I started keeping my car in the garage as cars were swerving around it and my mirror was knocked off - one day I got my car out of the garage and got out to shut my garage door when a large 'stone' hit my car and damaged it - I kept the stone and complained to the Highways again and they asked my to fill in a claim form and take pictures which I did - on the same day my husband was outside when a young man on a cycle fell into the hole and broke his arm - he was to start work at a new job the following day and couldnt go so he lost the job - the hole was full of water, he had to cycle through it as cars were passing him pinning him to the kerb side - I had taken pictures of the hole over the weeks and took a tape measure to show how deep it was - 5" x 10ft long! we both made claims and got witnesses from local dog walkers/parents talking children to school who had avoided it and walked on the other side of the road as it was full of water and they would get splashed by passing vehicles - the 'Highway Dept' wrote back and said their inspector inspects the roads regularly and 2 weeks before these incidents the road was found to be in order and no damage was reported and our claims were thrown out!
  • aprilone
    Potholes
    Two twenty pence coins a bit fiddly for depth, suggest roughly the diameter of a golf ball might be better to visualise.
  • rapido58
    Potholes
    There seems to be a concern re guilt about these claims, which I don't really understand. I live on the Hants/Wilts border and the roads are in a disgusting and unsafe condition. What do the Police think? why don't they ever raise their heads? If I do something unsafe will I get away with it like local authorities do?
    It is my belief that, as long as we pay our rates & taxes we have a right to expect the maintenance for which we have paid to be carried out. When an announcements regarding Council cutbacks are made, there is this supposition that we will all quite happily continue to pour money into this this pot.......
    I think it is time that there was a united front re Council cutbacks and the potential for cutbacks on our behalf for work undone.
    Problem is that we look like a third world country more & more, simply because of neglect, and it applies to everything.
  • Step123
    Pot hole warning
    Hello
    Just some feedback on my pot hole incident. I hit a pothole a couple of years ago and not for the first time. With previous incidents I had no luck with the council over my claims. So on my latest incident I informed my insurance company of the situation. Eventually the council told me they would pay me for the damage to my car tyre and wheel which was nearly 1000 . I was elated until I came to renew my insurance. My insurance company and subsequent companies have charged me an extra 100 per year because of this incident even though it was not my fault and the council admitted it was their fault.
    BEWARE!!!!!!!!!!!!
  • Johnnysparra
    Claiming from PFIs
    Any thoughts and experience of claiming for pothole damage from Private finance Initiatives, which manage area roads on behalf of the local council?
    I live on the Isle of Wight, where they operate a Kafkaesque arrangement whereby, notwithstanding photographic and geographic evidence, if their monthly inspection visit has not spotted the pothole, it doesn't exist and can't therefore be claimed on!
    I hear that Sheffield also has a PFI...
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