Cracked windscreen - pothole claim?

toddis
toddis Posts: 65 Forumite
Part of the Furniture 10 Posts Combo Breaker
Driving along the M2 this morning between junctions 2-4, there's a series of potholes.

To cut to the point, my windscreen was hit by 3 stones causing my windscreen to crack.

My question is....Can I claim against the council for the damage? I'll go through my insurance as I have windscreen cover.

If I'm able to claim, how do I go about it and how do I prove the potholes were to blame?

As the damage is on the passenger side, its currently not a hazard, but in time, the crack will get worse and be in my eyeline.

Thanks
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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    How did potholes throw stones at your windscreen??

    Not likely to succeed with a claim against the council!
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,444 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I don't think it would be a council claim (wouldn't it be the Highways Agency or whatever they're called these days?) anyway, but no, you wouldn't be able to prove the cracked windscreen was a result of potholes and therefore you don't have a claim. It's just one of those unfortunate things.
  • tower
    tower Posts: 264 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    On a Motorway you would have to claim against the Highways Agency.
    Not sure of your chances though..
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Highways England, this week.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    1,000 Posts Combo Breaker
    toddis wrote: »
    Driving along the M2 this morning between junctions 2-4, there's a series of potholes.

    To cut to the point, my windscreen was hit by 3 stones causing my windscreen to crack.

    My question is....Can I claim against the council for the damage? I'll go through my insurance as I have windscreen cover.

    If I'm able to claim, how do I go about it and how do I prove the potholes were to blame?

    As the damage is on the passenger side, its currently not a hazard, but in time, the crack will get worse and be in my eyeline.

    Thanks

    Claim off the driver who threw them up.
  • facade
    facade Posts: 7,510 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Claim off the driver who threw them up.


    He wasn't negligent, so you can't.


    Negligence if it was debris from the tyres leaving a site and he hadn't washed off his tyres, or if he drove on loose chippings at more than the recommended speed.
    Not just trundling along a motorway....
    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 ;))
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I think he was joking lol
  • toddis
    toddis Posts: 65 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    .......anyway, but no, you wouldn't be able to prove the cracked windscreen was a result of potholes and therefore you don't have a claim. It's just one of those unfortunate things.
    tower wrote: »
    .....Not sure of your chances though..

    Just to let you know.....
    MY CLAIM WAS SUCCESSFUL AND A CHEQUE IS IN THE POST.

    A learning curve for the doubters :beer:

    I'll update with a photo of my cheque as soon as it arrives :)
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    So you've successfully claimed off your insurance...?
  • toddis
    toddis Posts: 65 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    AdrianC wrote: »
    So you've successfully claimed off your insurance...?

    No, I successfully claimed off Highways England.
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