Pothole claim Council rejected

flopsy1973

My total driving has been 90%  along this road since start of year including this 500m stretch with over a dozen potholes. No the garage has not stated which pothole has caused the damage how would they know ? The fact this road is littered with potholes and my car has suffered damage by going over them . So I have picked the last one I went over before the car starting making a terrible noise 

lcc86

Unfortunately you've just answered your own question, if the garage doesn't know then how can you prove it. Not saying it hasn't contributed but you said you had proof that it was those specific potholes but the garage haven't actually said that.

Seems like one to chalk up to experience.

Valli

My local council will only accept claims for damage caused AFTER a pothole/road surface report has been made and the pothole/damage is awaiting repair.

flopsy1973

lcc86 said:

Unfortunately you've just answered your own question, if the garage doesn't know then how can you prove it. Not saying it hasn't contributed but you said you had proof that it was those specific potholes but the garage haven't actually said that.

Seems like one to chalk up to experience.

No they can't possibly say what pothole caused it but the fact all those potholes would have caused it and that is what the garage has stated damage caused by pothole which is what the council are liable for as the road was in such poor state 

born_again

flopsy1973 said:

My total driving has been 90%  along this road since start of year including this 500m stretch with over a dozen potholes. No the garage has not stated which pothole has caused the damage how would they know ? The fact this road is littered with potholes and my car has suffered damage by going over them . So I have picked the last one I went over before the car starting making a terrible noise 

Did you ever report the potholes in all the time you were driving through them?

flopsy1973

born_again said:

flopsy1973 said:

My total driving has been 90%  along this road since start of year including this 500m stretch with over a dozen potholes. No the garage has not stated which pothole has caused the damage how would they know ? The fact this road is littered with potholes and my car has suffered damage by going over them . So I have picked the last one I went over before the car starting making a terrible noise 

Did you ever report the potholes in all the time you were driving through them?

Yes I did 

cw8825

flopsy1973 said:

born_again said:

flopsy1973 said:

My total driving has been 90%  along this road since start of year including this 500m stretch with over a dozen potholes. No the garage has not stated which pothole has caused the damage how would they know ? The fact this road is littered with potholes and my car has suffered damage by going over them . So I have picked the last one I went over before the car starting making a terrible noise 

Did you ever report the potholes in all the time you were driving through them?

Yes I did 

did you report them before they 'damaged' the cat?

400ixl

The council only become responsible if they haven't repaired them once they were made aware. So, if they hadn't done a routine inspection as the schedule didn't require it, and no one (including you) hadn't reported them at the time of the incident then they are not liable.

Have you requested the required information from them that a) they had not done an inspection b) the inspection schedule was being adhered to and c) that no one had reported the potholes?

If the first they knew of them was when you reported them as they did damage then they are not liable. Had you reported them when you first saw them, and they had not repaired them in good time before you then had damage they would be.

You may well have invalidated your own claim by not reporting them early enough.

Unless you can evidence they neglected their duty then you don't have a claim.

Phoenix72

400ixl said:

The council only become responsible if they haven't repaired them once they were made aware. So, if they hadn't done a routine inspection as the schedule didn't require it, and no one (including you) hadn't reported them at the time of the incident then they are not liable.

Have you requested the required information from them that a) they had not done an inspection b) the inspection schedule was being adhered to and c) that no one had reported the potholes?

If the first they knew of them was when you reported them as they did damage then they are not liable. Had you reported them when you first saw them, and they had not repaired them in good time before you then had damage they would be.

You may well have invalidated your own claim by not reporting them early enough.

Unless you can evidence they neglected their duty then you don't have a claim.

All this has already been pointed out to OP 2 months ago, which they have either not understood or chose to ignore.

cw8825

Phoenix72 said:

All this has already been pointed out to OP 2 months ago, which they have either not understood or chose to ignore.

the latter