Pot Hole Claim Advice

HotPoleClaim

The mechanic in the garage outlined a number of issues that were, in his words, most probably caused by a pothole. How does anyone ever claim for damage caused by a pothole? Isn't all damage circumstantial according to your answer 1?

If the road is in a state of disrepair and a quarter has passed, more than one report has been submitted, and it still hasn't been fixed, doesn't that make the Council liable?

AdrianC

No. If you stop immediately after hitting the pothole, with a flat tyre and bent rim, that is not circumstantial.

And, no, because if the pothole is on unadopted land, it's not the council's responsibility - even if they later did repair it. I live in an area that's right on a border between local authorities - it's far from uncommon from one LA to do bits across the border. They don't even bother cross-charging, because they know it works both ways. That doesn't mean that because X repaired Y's road, X was liable. The same if a pothole just across the line onto unadopted land is repaired by the LA.

HotPoleClaim

That's assuming the tyre wasn't flat and the rim wasn't bent before the driver 'apparently' hit the pot hole

OK, cheers

AdrianC

HotPoleClaim wrote: »

That's assuming the tyre wasn't flat and the rim wasn't bent before the driver 'apparently' hit the pot hole

If a tyre has been driven on flat, it's very obvious. Even a "runflat".