hit a pothole and substantial damage...

Deals_2

i have a form to fill in for the council but the other half just realised his MOT is a bit overdue - will this affect the claim? thanks for any advice. regards

KeithP

No............

Theo_Cupier

Sorry to hijack the thread, but I've also had quite a bit of damage from a pothole recently (new allow, new tyre, suspension damage).

I filled in the form from my Council and have received a response denying all liability. Their reason is that they assert that the road is of a type that should be checked every 4 months and they say that this road was checked about a month before my incident and they did not notice the pothole I hit at this time. They claim this means that the pothole must have arisen since this report and hence, they feel this absolves them of liability.

My view is that this is clearly guff since the pothole I hit is large and doesn't look new (highly scientific I know) and I am sure I remember seeing it, and other similar holes, on previous occasions when I used that road.

What I'm not clear on is how to proceed from here. So far as I can tell, I need to prove a negative - ie that their report is deficient and that the hole WAS long standing but overlooked by their survey.

Have I got this correct? If so, beyond inventing time travel to get evidence of the hole's existence from before their last report, what can I do?

If I've misunderstood, what should I be doing next?

Deals_2

just trying to track it down again as was very interesting. will post back as soon as can find.

Theo_Cupier wrote: »

Sorry to hijack the thread, but I've also had quite a bit of damage from a pothole recently (new allow, new tyre, suspension damage).

I filled in the form from my Council and have received a response denying all liability. Their reason is that they assert that the road is of a type that should be checked every 4 months and they say that this road was checked about a month before my incident and they did not notice the pothole I hit at this time. They claim this means that the pothole must have arisen since this report and hence, they feel this absolves them of liability.

My view is that this is clearly guff since the pothole I hit is large and doesn't look new (highly scientific I know) and I am sure I remember seeing it, and other similar holes, on previous occasions when I used that road.

What I'm not clear on is how to proceed from here. So far as I can tell, I need to prove a negative - ie that their report is deficient and that the hole WAS long standing but overlooked by their survey.

Have I got this correct? If so, beyond inventing time travel to get evidence of the hole's existence from before their last report, what can I do?

If I've misunderstood, what should I be doing next?

Deals_2

http://www.potholes.co.uk/claims/how_to_claim
let me know . our council is spelthorne so will see wiht them. make sure you read it all so that they dont get out of it!!! i know someone else who has had an issue too. in numbers we can put more pressure!!!

Theo_Cupier wrote: »

Sorry to hijack the thread, but I've also had quite a bit of damage from a pothole recently (new allow, new tyre, suspension damage).

I filled in the form from my Council and have received a response denying all liability. Their reason is that they assert that the road is of a type that should be checked every 4 months and they say that this road was checked about a month before my incident and they did not notice the pothole I hit at this time. They claim this means that the pothole must have arisen since this report and hence, they feel this absolves them of liability.

My view is that this is clearly guff since the pothole I hit is large and doesn't look new (highly scientific I know) and I am sure I remember seeing it, and other similar holes, on previous occasions when I used that road.

What I'm not clear on is how to proceed from here. So far as I can tell, I need to prove a negative - ie that their report is deficient and that the hole WAS long standing but overlooked by their survey.

Have I got this correct? If so, beyond inventing time travel to get evidence of the hole's existence from before their last report, what can I do?

If I've misunderstood, what should I be doing next?

Theo_Cupier

Thanks Deals, I'm working through that site now...

The frustrating thing is that the road in question does have a few potholes patched up on it, but it also has a good number of large (2-3ft long, 1-2ft wide, 3-6in deep) potholes along it as well. To be honest, my biggest problem when submitting my original claim was finding which of the many potholes in the vicinity to photograph as the one to have caused my damage - there were 4 or 5 within the 2-300m immediately prior to where I pulled in to put the spare on.

All of which is fine and well as anecdote, but does it help my claim?

I've submitted an FOI request for details about the inspection regime to see if prior to the accident was consistent and to an appropriate standard, so I hope I might be able to catch them on a "technicality".

But I really can't believe that all those potholes have spontaneously appeared in the 4 weeks between their last inspection and my damage. Is there anything I can do to push back at this stage given the general state of the road?

Or do I just have to hope that their inspection records are incomplete, or that their level of inspection was inadequate for the road?

EDIT: Might also be worth noting that the road goes through the middle of a wood and this pothole was partially hidden by fallen leaves, which is likely to have been the case in late September when the authority inspected it. Is this a line worth pursuing, in terms of questioning the degree of care in their survey?

DaveMacD

Possibly. I've seen roads deteriorate quickly, especially in the current climate. However, there is usually some form of obvious damage to the road surface first, and also a fair amount of traffic over the road too.

computershack

Deals wrote: »

i have a form to fill in for the council but the other half just realised his MOT is a bit overdue - will this affect the claim? thanks for any advice. regards

So he's driving on the road illegally then? Parked up off the road and booked in for an MOT on Monday is it or is he intending continuing his criminal act until he can be bothered?

You are aware that most insurers will invalidate his insurance in the event of a claim and if he hits someone, they'll sue him for the payout?

pendulum

computershack wrote: »

You are aware that most insurers will invalidate his insurance in the event of a claim and if he hits someone, they'll sue him for the payout?

Very rarely happens.

waynedance

Should not have been on the road in 1st place...........there is your answer.

Sick of illegal cars on he road, ANPR all the way.

Sorry to sound harsh.............

KeithP

computershack wrote: »

You are aware that most insurers will invalidate his insurance in the event of a claim and if he hits someone, they'll sue him for the payout?

Simply not true.
A few insurers maybe, but not "most insurers".