Should I complain to the Council

DaveMacD

Hootie19 wrote: »

He told them no, he was just photographing it as my car had been damaged, and all three said that they had also reported it, and one said that the Council has sent him the forms to claim from them.

In that case, it's likely that the hole was reported before you drove down it, and that being the case, it makes it more likely any claim you put in will succeed.

Hootie19

Thank you all for your responses.

I have spoken to the Council again this afternoon, and the lady is going to send a claim form to me.

I told her how deep the hole is and told her that three other people had also said their cars had sustained some damage and that it might be beneficial to the Council to try and bump their inspection of the hole up the list a bit, to hopefully avoid any further claims against them (trying to be a good citizen!), so with a bit of luck, it'll be attended to soon.

Hootie19

Just to update you - the hole has been filled in this morning. Glad I got photographs before the Council acted, but very pleased that they did so as quickly as they did.

Thank you again for all your help and advice.

bryanb

Hootie19 wrote: »

I take it that you don't think I should ask the Council to pay for a new tyre (which I've just been told will be £60, and may also require a new wheel if it's damaged badly enough. This is from a totally honest and reliable mechanic who won't do work unnecessarily

No, I think you should claim for the damage.

eileenfromplaistow

This happened to my niece in her Clio. She had to fork out roughly £200 for a new wheel, and tried to claim off the Council. Took photos, but claim rejected because "it was already on the list to be repaired".
This was Havering I think.

DaveMacD

It is. If it's on the list, than they knew about it. Since you then received damage from something they knew about, then they are liable. Hope you appealed.

Homersimpson

I have had this happen 5 times (I answer to the name of lucky!), I have reported the fault each time and have tried to claim a couple of times but IIRC, they only have to inspect the road on an annual basis, if they can prove that they have done that then anything that has happened since the accident is not deemed to be their fault. Is called a section 58 defence.

Last time I tried to claim it was only for £50 but I was so mad I wrote to them with pictures etc. and there outside claims handler wrote to me and told me that they were not liable because they had inspected the road in the last 12 months. I then wrote back and asked for a copy which they provided. I wrote another letter stating that I felt that I had goe my £50 worth out of them! On other cars i've had though tyres have cost around £170 (last one three weeks ago!).

I would try claiming, they can only say no.

tomstickland

Several roads round where I live are in a really bad state. Potholes are getting worse.

There's quite a good video on Youtube from 5th gear regarding making claims for damage.