Pothole has more than just damaged my car

DanFraser

Went over a trench, not a pothole to give it a better description, it's perpendicular to the direction of travel and is deep enough to seat both of my front wheels in it, at the time of the incident. The car was fine before, it had only recently had suspension and other related parts replaced due to wear and tear in the previous six months. At the instant of hitting this pothole the car would not drive correctly, completely unsafe to the point of a mechanic friend giving it a 15 meter or so test drive to diagnose it and refusing to drive it any further.

I've reported this trench on three occasions, giving a three month period (or thereabouts because I forgot exactly when I did the last one before reporting again) between each one. Nothing was visibly done to the pothole despite over thirty reports of the trench to the council in the past year alone. In fact it has existed since at least 2006 (thank you google earth for proving what I thought) and has progressively gotten worse.

I have made a claim with the council and through their insurers, but it turns out because the damage from that pothole is going to cost over £1000 to repair just in parts alone my car will be written off. I'll also receive a cheque for approximately £150 for the value of the car. In about three months time, at least. And, that's if the claim is successful.

My insurers are intent on forcing me to cancel my insurance because my renewal is due in less than two months and I will certainly not be able to afford another car in that time, so cancellation fee. They have offered to pursue the claim for me, but I would have to pay the excess first of £550. Still no car either at the end, same result, write it off, £150 cheque.

What the hell is actually going on here? I've got proof which pothole caused it, I've got proof it's been reported on numerous occasions, I've got a car that has been damaged to the point of downright dangerous. Why the hell have I been forced to lose my car, NCB, insurance credit history, job prospects (obviously going to struggle to maintain a job in the next major area if I can't drive there and have to use public transport), lifestyle and the right to fair recompense from someone elses fault?

None of the options I currently have are a proper resolution. I want my car back in working order because of somebody elses fault. My girlfriend didn't have to pay any excess when she was hit by a drunk driver and the insurers handled the claim, didn't lose NCB or anything else, so why me?

The only options I can think of are stalk the local MP (probably not a good idea unless I restrict it to the surgeries and spend months doing it probably getting nowhere) or sue the council via the small claims court.

What can I do?

Anything you're not sure of, just ask...

Flying-High_2

So you wrecked your car with the Trench that you had reported on 3 previous occasions?.... Did you forget it was there?

Inactive

Indeed, you wrecked your car, driving over a pot hole that has been there since 2006.

Could you not have avoided it?

bungle4by4

nobody is going to give you 1000 quid to repair a 150 pound banger...

obviously your upset, but you must agree, you've helped it fail by driving through it repeatedly.

Flying-High_2

Out of Interest.....What car is it that requires £1ks worth of repairs?...

And be honest... What would you like the outcome to be?...

marleyboy

Obtain a full break down of costs for all damage caused by the pothole. If you incur additional costs, keep a break down of these but remember that you might not get any or all of your expenditure back and that any unrealistic or extravagant claims are likely to promote a negative response.
Remember that your compensation claim will take a while to be processed, and that you might not be able to claim for all the costs you incur. For example, if you hit a pothole and damage an alloy wheel you may be able to claim for the cost of the replacement wheel and tyre, but only for the one wheel – not four matching ones.



You can find a step by step guide on how to claim for pothole damages here;http://www.potholes.co.uk/claims/step_by_step_guide


Good luck OP and do let us know how you get on.

dacouch

For the record, the Council will have an excess of many thousands on their insurance (It is often in the tens of thousands), so for this size of claim it will be the council and not their insurers who will pay the claim. They may however use their insurers to actually handle the claim on their behalf and the council ultimately pay the damages

DanFraser

To all those who answered that it's my fault... It's a main road, the shortest, cheapest, quickest route by far. Thousands of other cars use it, I was just unlucky to be the first car to get damaged from it.

The car is worth more than £150 but that's the region in which the settlement would be taking the value of the car after it's been damaged (oh the irony).

The car is a ford fiesta, and the costs are for the parts needed to be repaired, nothing more. I have searched around to find the cheapest parts available and this is the lowest total from multiple sources, going to ford themselves would cost £1347.92, £450 is for spindle carriers. I was shocked at the amount needed.

And to what I would like the outcome to be? The hole filled in, and my car back to the great working order before this happened. I'm annoyed that the councils insurers call that potential settlement as returning me to the state I was in before the incident.

Gene_Hunt_2

DanFraser wrote: »

I've reported this trench on three occasions


Why the hell have I been forced to lose my car, NCB, insurance credit history, job prospects (obviously going to struggle to maintain a job in the next major area if I can't drive there and have to use public transport), lifestyle and the right to fair recompense from someone elses fault?

Who's fault is it?

Who made you drive your car into a hole you knew was there?

Rossy.

DanFraser wrote: »

To all those who answered that it's my fault... It's a main road, the shortest, cheapest, quickest route by far. Thousands of other cars use it, I was just unlucky to be the first car to get damaged from it.

The car is worth more than £150 but that's the region in which the settlement would be taking the value of the car after it's been damaged (oh the irony).

The car is a ford fiesta, and the costs are for the parts needed to be repaired, nothing more. I have searched around to find the cheapest parts available and this is the lowest total from multiple sources, going to ford themselves would cost £1347.92, £450 is for spindle carriers. I was shocked at the amount needed.

And to what I would like the outcome to be? The hole filled in, and my car back to the great working order before this happened. I'm annoyed that the councils insurers call that potential settlement as returning me to the state I was in before the incident.

Figures.

Fix
Or
Repair
Daily

To be fair on the council, if thousands of cars/trucks/buses use the road daily then couldn't it be that your motor was already on it's way out ?

Norman_Castle

The car is worth more than £150 but that's the region in which the settlement would be taking the value of the car after it's been damaged (oh the irony).

You will receive the value of the car before it was damaged. How much do you think it was worth?.