Pot hole

Trebor01

Hi,

Under the FOI act I have followed an Internet link that has provided a request for all pertinent information in relation to a claim against my local council for wheel damage to my girl friends car, as she hit a very large pot hole 32 inches long, 20 inches wide and up to 6 inches deep. The wheel is shot now.

I understand the council has rules it needs to follow, and when I get the info requested (FOI) back I was wondering what I should be looking out for in terms of their failure to follow the rules re road repairs.

The road is a narrow 2 way stretch, and the pot hole in unavoidable, and right on the apex of a sharp left hand bend. The Road is a 'B' road between 2 towns.

Any advice would be most helpful.

InsideInsurance

Freedom of Information Act is not about single cases, though you can use the general information gathered to support a single case.

What exactly did you ask in your question to them?

You have two things you need to look for - (1) have they met their duty to inspect the road - ie when was it last done and (2) did they have explicit knowledge of the hole before the incident

Trebor01

I understand that they have to meet their explicit duties to inspect the road, but I would like to understand what the rules are that they should adhere to.

The questions I have asked are as follows.

o Dates of all safety inspections undertaken on the carriageway in the two years preceding the date of your incident
o Details of all carriageway defects identified during safety inspections in the two years preceding your incident
o Details of how carriageway safety inspections are undertaken, including whether walked or driven, the speed of the inspection vehicle and the number of persons in the vehicle.
o The intended frequency of carriageway safety inspections.
o Details of all complaints and/or enquiries relating to the carriageway, received in the two years preceding my incident.
o The hierarchy classification.
o The road/section number.
o The defect intervention criteria adopted in relation to the identification of all categories of carriageway potholes.
o The time period(s) adopted between identification and repair (temporary and permanent) of all categories of carriageway defects.
o Whether or not the authority has formally adopted all or part of the standards contained within the national code of practice for highways maintenance management.

Buzby

You are putting the car before the horse. Take pictures, put in your claim and await the outcome. Only when it is rejected do you need to step up a gear and do the extra work.

clear_blu

Have you tried just claiming for the cost of the wheel instead of messing about trying to find their duties under the law.
I just wrote to the highways agency and enclosed the bill, they sent me a cheque. Easy...........

chanz4

You do know that their isnt an automatic right to compo dont you? Also have you notified your insurance company? As you do need to, the council will pass it to their insurance company

BertTheRaccoon

Highways act, section 58

Crazy_Jamie

BertTheRaccoon wrote: »

Highways act, section 58

Which, just to be clear, is the statutory defence. The statutory duty to maintain the highway is section 41.

Basically, cases of this nature go something like this. The council has a duty to maintain the highway, which for these purposes includes a duty to repair defects. In order for you to succeed in a claim against the council, the first step is to establish that the defect itself is 'dangerous'. Pushing aside the various case law on that point, the measurements that you stated will almost certainly constitute a 'dangerous' defect. So the council has failed in its duty.

But that is only half the fight. The council can then rely on the statutory defence, which again practically will involve them showing that they have a reasonable system of inspection in place. They will disclose to you details of that system, as well as records of inspection in the area of the defect. Providing the system is sound (nowadays they usually are, though by no means always), the records will either show the defect at the last inspection, which will result in you succeeding because it hadn't been repaired, or it will not show the defect, in which case the council would likely succeed in establishing the defence they will claim that the defect therefore came into existence since the last inspection.

Highway claims are tricky simply because the council does not have to keep a 24/7 watch on all areas of road. The most frequent inspections are monthly, and even then only for major roads with lots of traffic flow. Given that this road is a B road, it is probably inspected less frequently than that. Chances are council records will show whether or not this defect was present at the date of the last inspection. If it wasn't, your chances of success will be limited.

Of course, running and defending a case of this nature is time consuming and expensive, and for the cost of replacing a wheel it is probably not economical for the council to contest this, especially as the defect is clearly dangerous. As such putting in a FOI request is pointless at this stage. Just take a few pictures of the defect, and send it to the council with a copy of the bill for your new tyre. Chances are they will probably just pay it. If they don't, then you can decide if you want to take things further.

chanz4

Dont bet on them not defending, if you get zurich they will. Op you have not answered my question about notifying your insurance, remember this is a claim and will be logged on cue

Trebor01

Quick update and a question. I have been in contact with the council and had all the data they can supply returned regarding inspection times etc, and the road has been repaired !! However the repair itself is still very poor and still effectively a pot hole with water pooling in the deepest parts. The highways inspection also states that the road was driven re inspection for safety reasons, but there is clearly a pavement that runs along side the road, so why would this be driven ?

Not sure what to do next, I have offered to negotiate on the bill as the trye was £150, and the wheel £249. Any relevant suggestions ?

chanz4

Have you told your insurance company?