Pot Holes & Claiming from the Council

Gonzo33

Approximately 3 months ago I skimmed a pot hole with my alloys because there was a car coming in the other direction and I had no choice but to move over for them. The pot hole was probably a foot deep and approximately 18 feet long.

My alloys split in 2 and I had to have the car lifted and taken to a local garage where the replacement cost me the best part of £1k. I also hurt my shoulder when the alloys broke due to the force of the collapse, although I do not wish to claim for that.

Long story short I completed a claim form and sent it off to the council (after reporting the pot hole) and I had a letter back this month telling me that my claim was denied - which is what I expected. I want to appeal but to be honest I don't know where to start.

Has anyone ever appealed and been successful? I don't know whether I should just accept it and suck up the 1k loss but it irks me that the roads can be so dire and the council get away with it.

As an aside the council did fill the pot hole 3 weeks after I reported it, and I do have about 60 pictures of the pot hole immediately after the incident took place.

Stooby2

You need to know if and when the pothole was reported to the council. You can use the Freedom of Information act to get the information for the road the pothole was in. If the pothole had been notified to the council some time before you hit it, then you may have a case. If it was the day before, you'll be out of luck.

I would suggest a visit to the CAB for advice, and this forum may help as well..

http://www.legalbeagles.info/forums/forum.php

And standby for all the driving experts on here to come and criticise you for not avoiding the hole, braking, go get your eyes tested, you need a new driving test, how on earth did it cost 1k - you could have done it yourself for £2.50 and of course, the "you money grabbing ambulance chasing where theres blame theres a claim b*****d" brigade.

Good luck!

robatwork

http://www.potholes.co.uk/

stef73

What type of road was it? if it was a trunk road then i believe they are maintained by the highways agency not the council.

Ultrasonic

Gonzo33 wrote: »

As an aside the council did fill the pot hole 3 weeks after I reported it, and I do have about 60 pictures of the pot hole immediately after the incident took place.

Let's see a piccie then - I'm struggling to believe a foot deep, 18 foot long 'pothole'!

Did the council give a reason for rejecting your claim?

Did the oncoming vehicle cross the midline of the road, onto your side? If not the council could reasonably argue that you were driving too fast (no matter what the speed limit was) if you were unable to stop on your own side of the road before hitting such a large (and therefore presumably obvious to see) hole in the road.

victor2

Gonzo33 wrote: »

Approximately 3 months ago I skimmed a pot hole with my alloys because there was a car coming in the other direction and I had no choice but to move over for them. The pot hole was probably a foot deep and approximately 18 feet long.

Just a bit curious, how do you "skim" a pothole a foot deep and 18 feet long? Assuming you drove into it, surely there would have been damage to the underside as well.
Something that big should have been coned off and/or the carriageway closed.

cootuk

18ft long?..that's a trench not a pothole.

Guest101

A foot deep? You'd bottom out your car! Sorry I think this might be the edge of the road!

Gloomendoom

Guest101 wrote: »

A foot deep? You'd bottom out your car! Sorry I think this might be the edge of the road!

Interesting one. What defines the edge of the road?

trinidadone

Ultrasonic wrote: »

Let's see a piccie then - I'm struggling to believe a foot deep, 18 foot long 'pothole'!

Did the council give a reason for rejecting your claim?

Did the oncoming vehicle cross the midline of the road, onto your side? If not the council could reasonably argue that you were driving too fast (no matter what the speed limit was) if you were unable to stop on your own side of the road before hitting such a large (and therefore presumably obvious to see) hole in the road.

what a load of rubbish, he was driving on the road, there was a pothole which damaged his car. the council is responsible for the upkeep and maintaince of the road. case closed

trinidadone

victor2 wrote: »

Just a bit curious, how do you "skim" a pothole a foot deep and 18 feet long? Assuming you drove into it, surely there would have been damage to the underside as well.
Something that big should have been coned off and/or the carriageway closed.

again, pointless question, his car is damage, does it matter how, where, when what