We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Pothole damage
Options
One evening drove over a pothole which damaged two tyres on my car (offside front and rear) which cost me almost £600 in repairs and replacement tyres.
As requested sent bill and two other estimates to the council but they say they are not liable as no one had previously reported the pothole and the road was inspected 2 weeks previously and the pot hole was not there. They have acknowledged the pothole was there when my car was damaged as they said they repaired it the day after I reported.
So is my next step now to instruct a solicitor to act on my behalf?
I have photographic evidence of the pothole plus a video of the road conditions that night and the visibility (or lack of) the pothole that night.
As requested sent bill and two other estimates to the council but they say they are not liable as no one had previously reported the pothole and the road was inspected 2 weeks previously and the pot hole was not there. They have acknowledged the pothole was there when my car was damaged as they said they repaired it the day after I reported.
So is my next step now to instruct a solicitor to act on my behalf?
I have photographic evidence of the pothole plus a video of the road conditions that night and the visibility (or lack of) the pothole that night.
~Laugh and the world laughs with you, weep and you weep alone.~:)
0
Comments
-
So what do you epect to achieve?
They cannot be deemed negligent over something they do not know, as you reported the pothole it was promptly repaired.0 -
Are they trying to claim that the hole appeared after your car was damaged???
Ask them what their escalation process is and point out that their letter (it is in writing yes?) is contradicting itself.
I wouldn't talk to a solicitor yet but you could mention that you wish to get this sorted without engaging one thereby saving them your costs.0 -
Colin_Maybe wrote: »Are they trying to claim that the hole appeared after your car was damaged???
Ask them what their escalation process is and point out that their letter (it is in writing yes?) is contradicting itself.
I wouldn't talk to a solicitor yet but you could mention that you wish to get this sorted without engaging one thereby saving them your costs.
No they say all roads in the LA are inspected regularly so therefore they are not liable. But this pot hole was long (at least a metre) and there was evidence of a previous repair.
I know I could do a FOI request for details of how they inspect the road i.e. by van with a driver and inspector and if they film it etc. plus I could ask them for details specific to this stretch of road as to when it was previously repaired etc. but wondered if it's quicker and easier to just ask a solicitor to write to them and if they were more likely to back down. ~Laugh and the world laughs with you, weep and you weep alone.~:)
0 -
So what do you epect to achieve?
They cannot be deemed negligent over something they do not know, as you reported the pothole it was promptly repaired.
To be reimbursed for the damage to two wheels and tyres due to defective road.
From looking at the road and the hole it looked like a previous repair had failed. I did mention this in my letter to the council but they ignored that part. ~Laugh and the world laughs with you, weep and you weep alone.~:)
0 -
To be reimbursed for the damage to two wheels and tyres due to defective road.
From looking at the road and the hole it looked like a previous repair had failed. I did mention this in my letter to the council but they ignored that part.
Although in another reply, it was suggested not to chat to a solicitor, the 1st 30 mins is often free and they will advise if they feel you have a strong claim. Only a small amount of claims are succesful, proving negligence is where your hurdle will be.0 -
Although in another reply, it was suggested not to chat to a solicitor, the 1st 30 mins is often free and they will advise if they feel you have a strong claim. Only a small amount of claims are succesful, proving negligence is where your hurdle will be.
Not to chat to a solicitor yet (emphasis on yet), just the mention of one (I don't want to involve one at this time sort of thing) will perhaps get it looked at by someone farther up the food chain.0 -
No they say all roads in the LA are inspected regularly so therefore they are not liable. But this pot hole was long (at least a metre) and there was evidence of a previous repair.
There was a hole before, they repaired it, two weeks ago the repair was fine, there has been a lot of frost over the last few days that damaged the road and the big lorries fetched the repair out.
If your FOI request reveals it was last inspected 2 weeks ago and passed as serviceable then they are not going to be liable.I want to go back to The Olden Days, when every single thing that I can think of was better.....
(except air quality and Medical Science
)0 -
. . . and you didn't see it. Sorry, but due care and attention springs to mind.this pot hole was long (at least a metre)0 -
This happened a month ago, a few days after Christmas. It's not a main road so I doubt it was inspected regularly as it would be an impossible task for any council to regularly inspect all roads.There was a hole before, they repaired it, two weeks ago the repair was fine, there has been a lot of frost over the last few days that damaged the road and the big lorries fetched the repair out.
If your FOI request reveals it was last inspected 2 weeks ago and passed as serviceable then they are not going to be liable.
It was nighttime, dark and raining, hence we took a video of conditions which show the pothole looked like a puddle, of which there were many, on the road.societys_child wrote: ». . . and you didn't see it. Sorry, but due care and attention springs to mind. ~Laugh and the world laughs with you, weep and you weep alone.~:)
0 -
Ah, ok, it could be difficult to spot in those conditions.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 350.8K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.5K Spending & Discounts
- 243.8K Work, Benefits & Business
- 598.7K Mortgages, Homes & Bills
- 176.8K Life & Family
- 257.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards