Actions before small claims court with council

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  • 1990xrider
    1990xrider Posts: 105
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    Dave_5150 said:
    Telling your insurer is covered in "the need to knows" in the same pothole guide you obtained the letter template from: 

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

    tl;dr "Insurers tell us drivers should notify them of pothole damage immediately, regardless of whether they intend to claim"
    Is it too late to tell the insurers now even just to cover myself? 


  • 1990xrider
    1990xrider Posts: 105
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    edited 15 August 2023 at 7:22PM
    Ectophile said:
    I have to say that this forum is plagued by naysayers who will tell you that you can never win against any big company or government organisation. Ever.  You will always lose and end up paying them huge fortunes in legal fees.

    In reality, I don't know how a judge will rule in a specific case, and they don't know either.

    The council's legal team may decide that they haven't followed their own rules, give in and pay you before it gets to court.  Or not.

    The judge might blame you for hitting a stationary pothole.  Or blame the council for failings in their procedures.  The council's main defence against negligence claims is that they have procedures against damaging potholes, and that they followed them.  if they didn't follow them, their defence is much weaker.
    No one is saying we know how a judge would rule in the OPs case ,nor that claimants will always lose and have to pay huge fortunes. 

    The council might well decide they've completely messed up and pay out. What has been warned is that *most* pothole claims fail (c75% on average), and if the claim isn't allocated to the small claims track, there are cost implications. These aren't enormous, but risking a potential costs bill from an unsuccessful claim of even say £500-1500 needs to put into context of the overall low claim amount as to whether the claim is worth it.

    To my understanding most of these cases fail because the council disavow knowledge of the pothole. That is not the case here. The council did not deny knowing the pothole they simply denied it was dangerous. 

    I have said I would crowdfund any money for potential legal fees, if not spent they will be returned to donors or to road safety charities etc. There's a lot of support in the community for this potential case as the pothole has had numerous victims. 

    If it becomes blindingly obvious any fees would dwarf the money sought then that will change things but it's difficult to tell I'm getting conflicting advice. 
  • tedted
    tedted Posts: 367
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    i watched your video and there is no way the o/s would have sustained that amount of damage to need replacing
  • 1990xrider
    1990xrider Posts: 105
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    edited 15 August 2023 at 8:23PM
    tedted said:
    i watched your video and there is no way the o/s would have sustained that amount of damage to need replacing
    O/s what? 
    Clearly it did . 
    There was no damage to the car prior to the incident 
    It had an MOT literally three months to the day of the accident and passed. Advisories were not related to the shock absorbers and suspension links. 

    The council claim that is a 3 inch pothole. I have never driven over any pothole within that effect 

    After I hit the hole rattling sounds I began to notice and based on that I took the car in for repair and they found the defects 

    An extra exhaust pipe had also become lose which was removed as extra it didn't need replacing. 

    Other road users have reported damaged wheels and rims and cars being beached on their sills presumably driving at faster speeds than I was. 
  • tedted
    tedted Posts: 367
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    o/s front and if the garage found these defects they ripped you off
  • 1990xrider
    1990xrider Posts: 105
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    tedted said:
    o/s front and if the garage found these defects they ripped you off
    Really?
    You can quite clearly hear a crunch in the video 
  • Resend the letter giving them a 7 day deadline.  Individuals need 30 days but businesses only need 7-14 days
  • sheramber
    sheramber Posts: 18,601
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    Dave_5150 said:
    Telling your insurer is covered in "the need to knows" in the same pothole guide you obtained the letter template from: 

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

    tl;dr "Insurers tell us drivers should notify them of pothole damage immediately, regardless of whether they intend to claim"
    Is it too late to tell the insurers now even just to cover myself? 


    page 38 of policy document

    Before renewal You must tell us about any incident or motoring offence that’s happened since your cover started. For example, if anyone covered by the policy has had: > Any motoring convictions, endorsements, penalty points, fixed penalties (excluding parking penalties), speed camera offences or disqualifications. > Any incidents, thefts or losses, even if they didn’t claim or were not to blame. > Any insurance cancelled by another insurer for fraud or misrepresentation.

    Note  Any incidents, thefts or losses, even if they didn’t claim or were not to blame. >
  • Car_54
    Car_54 Posts: 8,103
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    sheramber said:
    Dave_5150 said:
    Telling your insurer is covered in "the need to knows" in the same pothole guide you obtained the letter template from: 

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

    tl;dr "Insurers tell us drivers should notify them of pothole damage immediately, regardless of whether they intend to claim"
    Is it too late to tell the insurers now even just to cover myself? 


    page 38 of policy document

    Before renewal You must tell us about any incident or motoring offence that’s happened since your cover started. For example, if anyone covered by the policy has had: > Any motoring convictions, endorsements, penalty points, fixed penalties (excluding parking penalties), speed camera offences or disqualifications. > Any incidents, thefts or losses, even if they didn’t claim or were not to blame. > Any insurance cancelled by another insurer for fraud or misrepresentation.

    Note  Any incidents, thefts or losses, even if they didn’t claim or were not to blame. >
    The OP needs to read his own policy docs. Some insurers (as in your example) want to know at renewal, others immediately or ASAP.
  • 1990xrider
    1990xrider Posts: 105
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    edited 16 August 2023 at 4:50PM
    Car_54 said:
    sheramber said:
    Dave_5150 said:
    Telling your insurer is covered in "the need to knows" in the same pothole guide you obtained the letter template from: 

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

    tl;dr "Insurers tell us drivers should notify them of pothole damage immediately, regardless of whether they intend to claim"
    Is it too late to tell the insurers now even just to cover myself? 


    page 38 of policy document

    Before renewal You must tell us about any incident or motoring offence that’s happened since your cover started. For example, if anyone covered by the policy has had: > Any motoring convictions, endorsements, penalty points, fixed penalties (excluding parking penalties), speed camera offences or disqualifications. > Any incidents, thefts or losses, even if they didn’t claim or were not to blame. > Any insurance cancelled by another insurer for fraud or misrepresentation.

    Note  Any incidents, thefts or losses, even if they didn’t claim or were not to blame. >
    The OP needs to read his own policy docs. Some insurers (as in your example) want to know at renewal, others immediately or ASAP.
    Right so as I suspected it shouldn't be an issue I only need to tell them at renewal (a year away). 

    "You must tell us before the next renewal date
    (or at the time you are making any of the changes
    already mentioned) if you or anyone covered by
    this policy have:
    • had insurance cancelled by an insurer. This
    includes a policy declared null and void as
    though it has never existed, a renewal declined
    by an insurer or a policy cancelled by an insurer
    due to, but not restricted to, non-payment,
    fraud or misrepresentation;
    • had any accidents, thefts or losses (whether
    a claim was reported or not and regardless
    of blame);
    • had any motoring offences including
    convictions, endorsements, penalty points, fixed
    penalties (excluding parking penalties), speed
    camera offences, disqualifications or criminal
    prosecutions pending.
    Failure to provide correct information or inform us
    of any changes could adversely affect your policy,
    including invalidating your policy or claims being
    rejected or not fully paid"

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