Pot Hole Claim Advice

HotPoleClaim

Hi,

My commute to work includes a couple of narrow country lanes. Back in February I hit a pot hole at maybe 40mph (in a 60mph limit) at the side of the carriageway while trying to keep distance from a car on the other side of the road. A few weeks later on a different country lane I went slowly through what felt like an extremely deep pothole at the entrance to a minor road.

In April I took my car for an MOT. The garage said there was tyre damage etc totalling around £400. I immediately remembered pothole 2, and as a result put a claim in with my local council. Going back to take pictures the pothole didn't look as severe as it felt when driving through it at a ridiculous downward angle, but I submitted the claim anyway.

This was immediately rejected by the council who said that the road was inspected quarterly and had last been inspected on December 5th. Three months later I took more pictures of the pot hole and surrounding areas and appealed, saying that despite my report, another report, and my actual incident and claim, the road had not been repaired or kept in reasonable condition. The council's insurance company replied saying that in photos 1,2, 4 and 6 it appears that the pot hole is on private land and is therefore not the council's responsibility. They ignore photos 3 and 5.

Should I send a new claim in showing only photos 3 and 5? I don't want to abuse the system or anything but £400 is £400. I am fairly sure the road still hasn't been repaired almost 6 months later. I would submit a claim for the first pot hole I hit, which may also be where the damage occurred, but I don't have good photos of the area and it has since been resurfaced.

Thanks in advance!

HPC

[Deleted User]

They always try to wriggle out of these things. Piepipoo may be a better forum as there are experts in extracting money from councils over there.

HotPoleClaim

Thanks mojo, will have a look

AdrianC

There is no way at all you can prove that the damage was done by a particular pothole two months earlier, especially when you admit that it's not the only one you'd hit.

Do photos 3 and 5 somehow prove that, contrary to the other four photos, the pothole is not on private land? I presume this "minor road" is actually a driveway or other unadopted access road.

HotPoleClaim

Photos 3 and 5 show the main road next to the minor road and the cr*p condition of it, including large potholes etc, and I have a number of photos of that area. The minor road does look like an access road or similar.

Cheers

AdrianC

HotPoleClaim wrote: »

Photos 3 and 5 show the main road next to the minor road and the cr*p condition of it, including large potholes etc

So don't disprove that it's on an unadopted road?

The condition of the rest of the road is irrelevant, if you're claiming your tyre was definitely damaged by THAT particular hole.

Aylesbury_Duck

Land ownership aside, I can't see how you can possibly show that the damage was due to that particular incident. How are your photos, which you say were taken weeks after either incident, proof of you incurring the damage in those potholes? The time to get the car checked would have been straight after the incident(s), not 1-2 months later. Any damage noted by the garage could have been caused by those potholes or anything else since.

HotPoleClaim

I submitted a report of the pothole. I was told someone else had already submitted a report of a pothole. I also filed a claim for damage due to the pothole. So at least two reports of damage.

The council said it was their duty to keep roads in good condition and the road in question is inspected quarterly, and had last been inspected on December 5th. I have photos after December 5th showing the dangerous state of the road, as well as photos on February 5th showing the road still in need of repair. So the council haven't kept their road in good condition, causing my claim and other reports.

AdrianC

The road was inspected on 5th Dec. You cannot show it was in any particular state on that date.
That category of road is inspected quarterly, so the next inspection was due around 5th March. You say you hit the pothole during that period - so the council have done nothing wrong, unless you can prove they were notified before you hit it.

After that notification, there is a certain period depending on the category of road for repair. You say it has now been repaired? Was that repair carried out within the relevant timescale after the notification? If so, the council have still done nothing wrong.

If you can show they definitely should have repaired it before the date you say you hit it, then they may be liable. If you can show that was how the damage was caused...

Of course, if repair wasn't actually the council's responsibility, they've done nothing wrong...

HotPoleClaim

The road hadn't been repaired as of late April. I will drive down this evening and have a look and probably take more photos...

AdrianC

HotPoleClaim wrote: »

The road hadn't been repaired as of late April. I will drive down this evening and have a look and probably take more photos...

Which still doesn't prove any of the three points, all of which you need to prove.

1. Did it cause the damage?
2. Were they liable?
3. Were they too slow?

1 - you simply cannot prove. Circumstantial "well, it must be because I can't think of anything else" from two months later is irrelevant.
2 - they say your photos disprove.
3 - you don't appear to have any idea.