Claiming damage to wheel due to poor road

Shimrod

My car has just had a service, and my front passenger side wheel is buckled on the inside of the rim. This means it is most likely caused by hitting a big pothole rather than repeatedly hitting a kerb.

One of the roads I drive down (daily) has had some large potholes that have been recently patched up by the council, and it seems likely to me that it is one of these holes that has caused the problem.

I know it can be done in theory, but has anyone ever claimed for car damage from the council due to the poor quality of the road surface? How can you prove it was a particular bit of road that caused the damage (especially in this case as the holes have been filled in, although others are already appearing)

Thanks

Shim

martindow

I think in order to successfully claim you need to demonstrate that the council were aware of a pothole and failed to make a repair in a reasonable time. From your post you seem unsure whether the damage was caused by any particular pothole. I think you might be best letting this one go as it looks unlikely that you would have much success with this.

Shimrod

Thanks for the responses. It is difficult to prove the damage was caused by a particular pothole, especially now they have mostly been filled in. I suspected it is one of those things which would be difficult to prove - pity, as the wheel is going to cost £380 to replace (I don't drive a moneysaving car, although the next one will have to have cheaper wheels!).

ManAtHome

Councils do pay out for damage, but I guess you have to get in quick http://news.bbc.co.uk/1/hi/uk/4839578.stm

Pertinent quote:
"English authorities last year paid out £47.3 million in settling claims by road users for damage to vehicles or accidents due to road structural conditions. The figure for Wales was £5.3 million and for London £16 million."

dipsy

I think you have to report.. and if they dont do something within.... not sure of timescale...."timescale" and car is damaged you have a claim, best way forward is find out if anyone has complained and when?

dipsy

Londoners are better at it apparently :-) due to their tact /negotiation etc.... appologies in advance I am a southern person :-)

tonymc

This happend to me quite a while ago, but fortunately the pothole had not been filled in. The next day I took my camera, photographed the road surface, and then wrote to the council involved.

They wrote back saying the this particular problem was down to one of the utility companies. I wrote to them and received a settlement for my damaged wheel almost instantly.

I suspect that even if the pothole has been filled in, the council should be able to check on what date the work was undertaken (if they had done it) or who else had done the work. If the latter, try persuing that comapny for recompense. It only costs the price of a stamp to try!!

Wig

Al_Mac wrote:

Agreed, proof of negligence is impossible to prove

It's not impossible, you can ask for a disclosure of their maintenance records including communications from the public reporting road problems in a certain area, and if you can show they were aware of the problem but took no action then you have a case.

What everyone should do is report by email all the potholes they see. Then there is a record of that report within the council.

But for the OP it's a waste of time unless s/he wants to lie and say it was definately the hole on xxxx rd at 6pm on such and such date, and take it from there, still unlikely to be able to show negligence but you never know someone might have reported the hole 3 - 4 months earlier.

northern_munky

Shimrod wrote:

pity, as the wheel is going to cost £380 to replace

Have you tried searching for a secondhand wheel on ebay or from a breakers yard or tyre dealer.