Pothole claims guide discussion

A1ps

Hi guys, I need some advice please. My wife hit a fairly large pothole on the north circular road. Damage thankfully was only a punctured tyre, which cost £80. 
I can submit a claim to TFL as they look after that section of the road, but I've been told that I would then need to declare this to my insurance company. Is it worth claiming, as I'm fearful of my policy going up next year, even though it should count as a non-fault claim?

King_Mustard

King_Mustard said:

Can someone please help me with my next response, as I'm at a loss.

I just can't see how hitting the pothole is my fault and I feel like they're fobbing me off as usual

Link to PDFs: https://1drv.ms/u/s!AtXjMTxv8peTkfV8kAnnUebkr6XLCg?e=cBYroE

The link contains:

1. My "Property Damage Incident Report" form to them (December 27, 2019)
2. Their response (February 14, 2020)
3. My response (February 20, 2020)
4. Their response (March 3, 2020)
5. My response (March 16, 2020) (sent as recommended by Money Saving Expert using their template)
6a) Their response e-mail (March 25, 2020) (contains two attachments, a and b)
6b) Site History Report (Wenlock Bank, 01/01/2019 to 17/03/2020)
6c) Site History Report (Stretton Road, 01/01/2019 to 17/03/2020) (some blanked information)

However, whilst he blanked a lot of parts in 6c, the council's solicitor sent me (possibly by mistake?) a far less blanked out version:

6d) Site History Report (Stretton Road, 01/10/2019 to 15/01/2020) (mostly unblanked)
However, I am still very lost

If anyone could help, I would really, really appreciate it.

I'd be very happy to send you a small part of it via. PayPal or something, as a thanks!

Mercdriver

It's not about whether you were at fault.  It is whether you can prove on the balance of probability the local authority is negligent as defined by law.  Constantly asking the same question here looks like infertile ground, even if you are offering financial incentive.  See if you can get some kind of consultation with a solicitor either through any trade union you might be a member of (many offer a free initial consultation with a solicitor) or any that are offering free or cheap initial consultations.  Bear in mind that the lawyer gets paid regardless of win or lose and that even if you win you will not get all your costs back, even if they are awarded to you by a court (only what is agreed to be reasonable costs are obliged to be paid).  

Chobby

Hi everyone, can my dughter be a witness in my claim? At the time we were on our way to the airport to pick up a flight when we hit a pothole.
Thank you

Mercdriver

She can be a witness but her account will be discounted to a degree because of her relation to you.  

Charchic01

so basically this happened and after 2 months they have decided they are not at fault even tho they said it was due to be repaired on the same day this happened to me and a few other cars. Buckled both wheels so needed a full set plus tyres for the two damaged wheels.. I am a single mother not working and even tho they have said they were aware it was in need of repairs that they did all they could and are not at fault.. so mad! 

Avvers83

Hi.
I was wondering could give me any advice with regards to the attached rejection letter from Connect Plus highway maintenance.
The same pothole is still not even filled in and this happened on 14th Feb.

Any advice to try and get my money back would be appreciated.

TIA

PhilB3374

Hi,

I'm wondering if anyone has ever tried a no-win, no-fee solicitor for a difficult alloy wheel claim against the council? If so, who did you use and how did it go?

I hit a huge pothole back in December, it was nearly 2m long, 50cm wide and 15cm deep yet the council claim to have inspected the road 3 weeks before and not seen any defect.

I did over £2000 of damage to my car but they've rejected my claim and my appeal on the basis that they'd followed their guidelines. From the 'proof' they've presented it looks like they've done everything by the book, my angle is that I don't believe a pothole of that size could have developed in such a short period and therefore casts doubt over their records - we didn't even have any cold winter weather in that period which may have caused rapid deterioration.

It feels like my only options are a small claims court claim which I make myself, or instructing a solicitor (ideally on a no-win, no-fee basis) to have a go.

Whilst I don't want to give up when I'm so much out of pocket, I don't want to waste even more time and energy on something which is futile.

Pinacolada_2

Hello, can anyone advise on what to do when you were driving on a major A road with nowhere to safely pull over and take photos of the pothole? Can a claim still be successful? As I was in a somewhat unfamiliar area, I can also only estimate whereabouts the pothole was. My car is damaged now and I’m feeling miserable about it! Thanks in advance

stev55970

Hello 
I am unable to access the guide (reported broken link) 
I would like to know if I can claim for the time it has taken for me to get my car back into the same condition before hitting the pot hole.

The council have accepted responsibility for the damage but won’t increase their offer for parts and materials to include my time.  

Regards
Steve