Pothole claim

Pinacolada_2

Hello, can anyone advise on what to do when you were driving on a major A road with nowhere to safely pull over and take photos of the pothole? Can a claim still be successful? As I was in a somewhat unfamiliar area, I can also only estimate whereabouts the pothole was. My car is damaged now and I’m feeling miserable about it! Thanks in advance and apologies if this isn’t the correct location to post this.

AdrianC

If you didn't HAVE to stop because of the tyre/wheel damage, what are you claiming for?

And, no, a vague "somewhere along this bit of road, probably" doesn't allow the responsible authority to identify whether they're liable or not.

Catty41

Hi, can anyone advise me how to go forward with a claim for compensation against the council for a pothole. 
I had a claim in on 28/01/20 for compensation for my Tyre against Glasgow city council. I just received a letter yesterday stating they dont believe they were negligent as on the 23/01/20 the road had been checked and there was no defect reported, yet 5 days later a pothole the size of crater appeared and burst my Tyre. I sent all relevant photos, witness's and information. I am fuming about this. Anyone got any advice on going forward. I went and took another photo today and it has been filled in, i measured the size and it was 45 inches wide.

KimJongUn88

Take it to Court then.

[Deleted User]

It's quite possible there was a small defect that has been made worse in 5 days of people constantly hitting it (particularly if there was bad weather). If their inspection report/routine is sound, it's one of those things. Maybe you could accept you were negligent for driving into a hole 45" wide and maybe get an eye test done at the same time?

Apodemus

Catty,  Glasgow City will only be liable if it can  be proven that they knew about the defect in advance of your incident and hadn't taken action to rectify it.  Their inspection report will show a date for the most recent inspection of that bit of road and their log of reported defects between that date and your incident will show whether there were any reports of an issue at that site.  If they can show that they had no reports between the inspection and your claim, then you are unlikely to mount a successful claim against their insurers.  You could consider making a claim against your own insurer, but it may not be economical to do so and there may be a time limit to registering claims.