Pothole...........

mechanicalman_2

Bare with me, this is a long story..........

In March this year I was driving to work and the road I normally drive down was closed, so I was forced to take a back road. When driving down said back road I hit a couple of potholes in quick succession. This damaged 2 alloys and 2 tyres. The damage was around £1200.

I reported the defect after taking photos of the pothole. The largest pothole I hit measured 1mx0.9mx0.15m. The rest of the road was littered with potholes. The road itself is a real single track backroad, with virtually no traffic.

I then submitted a freedom of information act and according to the report I received the road had been inspected 3 months previously and there were no potholes on it (which if you had seen the road is laughable). So as far as the council’s insurance company are concerned I have no case.

However having looked at google street view I can see both potholes, these images were taken in 2009! The council have said that the potholes did not meet intervention criteria (which is a depth of 50mm, how they know this is beyond me) when inspected, so again they are not liable.
So from 2009 to the end of 2012 it was less than 50mm, then magically in 2013 it went to 150mm.

Not at all impressed with this I then went to look at the road again to try and prove the inspections were a farce. Armed with a camera, spirit level and a ruler I walked a section of the road and found at least 27 potholes that meet or exceeded the councils intervention criteria. This road is only about 2 miles long, and for the hour I was at the site I saw only 1 car driving the road. The council said the site had been inspected 1 moth previously and no potholes were present. So in 1 month 27 potholes appeared. In the previous 2 years only 4 were reported.

I provided this information to the council, there response was that in 1 day a pothole can go from 40mm (does not meet intervention criteria) to 50mm, so they are not liable.
Does anybody have any advice? I am not disputing that the council’s explanation is possible, just incredibly unlikely!

forgotmyname

I would imagine proper legal representation would have torn their story to shreds. But do you want to risk the costs involved?

AdrianC

mechanicalman wrote: »

In March this year I was driving to work and the road I normally drive down was closed, so I was forced to take a back road. When driving down said backroad I hit a couple of potholes in quick succession.

Any particular reason you didn't see these potholes...?

This damaged 2 alloys and 2 tyres. The dame was around £1200. !!!!!!.

<blinks> SIX HUNDRED QUID A CORNER?

I reported the defect after taking photos of the pothole. The largest pothole I hit measured 1mx0.9mx0.15m. The rest of the road was littered with potholes. The road itself is a real single track backroad, with virtually no traffic.

So they should be easily visible in plenty of time to avoid them - and if it's that low-traffic, then it's unreasonable to expect the council to have it as a high maintenance priority. ESPECIALLY in March this year.

In case you missed it, it was a hard winter. That's exactly the kind of weather that causes potholes to start and to worsen, rapidly.

mechanicalman_2

AdrianC wrote: »

Any particular reason you didn't see these potholes...?

1. There was a car in the distance and I was trying to work out where I could get out of the way. But I should have noticed it.

AdrianC wrote: »

<blinks> SIX HUNDRED QUID A CORNER?

Yes, and please don't shout. The front alloy was £400, rear was £500, tyres were £150 each. I have receipts to prove it.

AdrianC wrote: »

So they should be easily visible in plenty of time to avoid them - and if it's that low-traffic, then it's unreasonable to expect the council to have it as a high maintenance priority. ESPECIALLY in March this year.

In case you missed it, it was a hard winter. That's exactly the kind of weather that causes potholes to start and to worsen, rapidly.

So the winters were good from 2009 to 2012 were they? and what weather would cause 27 potholes to appear in 1 month, in the summer?

I am not sure I like your tone, I came for advice, not abuse. If you have no advice to give then please don't reply.

AdrianC

mechanicalman wrote: »

So the winters were good from 2009 to 2012 were they?

They were certainly nowhere near as bad as last winter. Councils all over the country were running fast to stand still on fixing roads. Sometimes, they were short-term temporary fixes to buy some time. Some of them haven't lasted particularly well. Minor lanes, such as this, are not high on their priority list.

Have you considered claiming off your car insurance?

I am not sure I like your tone, I came for advice, not abuse. If you have no advice to give then please don't reply.

Sometimes in life, the answer you get isn't one you like. That doesn't make it wrong.

CFC

Welll we all know what councils are like but how could you possibly prove it? Would cost more than your claim!

vaio

The council's explanation *might* be true but I'd say it's pretty unlikely and in your position I be seriously thinking about launching a small claim.

You only need to convince a judge that your version is slightly more likely than the councils which I don't think would be difficult based on your OP.

Add on the fact that the council's legal costs in defending would be unrecoverable even if they win and I'd be surprised if they bothered defending it.

cutandshut

Why not claim on your insurance?

vaio

I'd guess because of excess, loss of NCB & future premium loadings?

AdrianC

vaio wrote: »

I'd guess because of excess, loss of NCB & future premium loadings?

Which you balance against the short-term cost of not claiming.

vaio

or claiming off the council, which would give no excess or loss of NCB and a non fault claim rather than fault on his record