Pothole claims guide discussion

Andrew_Lowe

I suffered a bent alloy wheel and a ruined tyre after hitting a pothole on the Fosseway outside Bourton on the Water.

Gloucester County Council are almost impossible to deal with as they pass everything onto their solicitors - who are about as responsive as talking to a brick wall.

Eventually I managed to get Gloucester County Council to pass me on details of their inspection records. They say the road was inspected three weeks prior to my incident and no faults were noted (I find this hard to believe given the state of the road the day it damaged my car, but I don't suppose I can proove anything to the contrary).

BUT - also on their records was details of someone having reported the pothole I hit (more akin to a sink hole than a pothole) two days before my incident. Had 'my' pothole been hit by a motorcycle they could well have been looking at a fatal accident. Is there not any obligation on them to act immediately once a pot hole on a main A road is reported - if not to effect an immediate repair, surely to deploy suitable warnings.

I am considering taking this to small claims now, but clearly don't want to incur any additional costs if I'm not standing on solid ground - I'm not sure if it's relevant but I also did all I could to minimise the cost of the claim by buying a second hand replacement wheel from eBay - a cost saving of over £500 compared to a new wheel.

Marathonbilly

I have had to replace a tyre due to the failure of repairs to a pothole. Of course the council have refused liability under S58. Whilst wishing to be reasonable and understand the reasons for the legislation, the damage has been caused due to failure of repairing a pothole adequately. What responsibility do councils have to ensure adequacy of repairs? How long should they last?
Guidance will be appreciated

duffs54

I have just fallen foul of a pot hole.but it is on the edge of the road,which large vehicles use to get past parked cars.

Its a single track road in parts but where the houses are and people have to park on the road, it means there is just enough room for another car to pass, but delivery lorries and farm vehicles need to use the edges of the road, which border a ditch to get past.

This has resulted in the side of the road crumbling away in chunks. On Sat I was driving up the road to our house, and hit this mess which has resulted in the two nearside tyres punctured, they are alloys so until the mobile tyre people come out today I do not know if the wheels are broken too.

So it isn't in the middle of the road but the broken edges of the road. The road was dressed last year and some holes filled in, which after about a month become pot holesagain, being a rural road sort of road, I don't think they come and check it, we did complain about the mess the road was left in afterwards, but the edges are becoming more and more jagged as they are being driven on.

Does this constitute a pot hole please?

duffs54

Well update:

I sent all the info pics and letter to council, after 2 weeks I got a reply saying they are investigating and I will know within 10 weeks.

Came home from work tonight heading up the said road and low and behold they have put a row of florescent poles along the edge of the road where we damaged our tyres and repaired the hole and also all the way along the road as well.

Not heard anything yet, but that looks like an admission of some kind, but best of all this means that now no one else will damage their tyres and wheels and the road is safe.

Agrajag

Glad to hear some action has been taken. If you intend to pursue a claim (and yes, I am sure this must count as a "pothole" in fact the definition is broader to incorporate maintenance of the road surface), then I suggest you go and take some photos of the existing damage and all the warning materials. Might help

duffs54

Yes all been sent off registered post, fingers crossed for a full rebate of £172.

duffs54

So what we thought was an admission of guilt clearly wasn't, a letter of refusal arrived today saying our road is checked annually, I reported it on the 6.12.15.

On the maintenance report there is an entry 16.12.15 with my report about the road breaking away etc
Then 4.1.2016 the report says the road is broken off and jagged
and on the 5.1.2016 Edge of road fallen away making the road to narrow.

Clearly the road was damaged and they are claiming it is not their fault.

I have also just asked for the FOI on the repair of the roads. they did send on out but half of the info was missing as it was on a spreadsheet.

What is the next step please does anyone know small claims is obviously on the horizon has anyone had any luck?

cheers

M_Chapman-Tite

I woundered if anyone can help. Last night in the dark at 9:05pm I drove into a random curbed island in the road where a lit bollard sign should have been erected but wasn't... My car had punctures on both drivers side wheels and has been taken overnight to be looked at etc... I know this forum is about pot holes but I wondered if you had any advice regarding maintainence of low level lit signs etc if there not there!
I have lots of pics of the 'island' I hit too.
Any advice is much appreciated thank you xx

gazzer1963

my local authority resurfaced a large section of road where I live,
some time later all the resurfacing has lifted and made the road a mess and now the sides and wheeles of my car are covered in tar. Can I claim for having tar removed?

jamiesd

I had a tyre totally ruined on a pothole just less than a month ago.
I took photos of the huge pothole and filled in the paperwork.
I received a letter yesterday saying tough luck. Due to me not being able to avoid the pothole and that no other claims had been put in they would not accept liability. Funny how when I reported it the hole was filled in few days later..... I have since had issues with the wheel bearing on the problem wheel. I think I will now pursue in the small claims court.