Council Claims Handlers rejected pothole damage claim

KimJongUn88

Sue them in the small claims court if you're adamant you will win.

Put up or shut up.

pinheadplanet

KimJongUn88 said:

Put up or shut up.

I can't see how to put emoticons so: Hahahahahahahahaha!!!

pinheadplanet

BTW I just emailed my insurers about the incident, it's a no repair, no fault (in my eyes) incident, can't see me being penalised too heavily

Homer_home

pinheadplanet said:

Hi

I made a claim to a council for damage caused by a pothole (the pothole was at the base of a width restriction so as the van went in th epothole it lurched to the left and into the restrictor) but the claim was rejected by their claims handlers stating that "As you may be aware our client as Highway Authority owes a duty of care to maintain the fabric of the Highway to a reasonable standard. This duty is imposed under Section 41 of the Highway Act 1980. However, this liability is not strict."

They have sent me their inspection schedule and they have missed the last 2 quarterly inspections due to covid, so the last time this place was inspected was in February. The incident happened in August, a week ahead of the next due inspection which again didn't go ahead stating covid as the reason.

What do we think? Push further or let it go? I can't believe the "liability is not strict" as stated by them.

Thanks

Councils always reject your claim they hope that with throwing loads of legal jargon they can get you to go away 

Send them a letter before action stating their own inspection report screws them and you should get a cheque in the post - I did 

Homer_home

https://www.moneysavingexpert.com/reclaim/pothole-claims/