Rejecting a council offer for pothole damge

tomo13

Back in March hit a 4ft x 3ft pothole at 9pm on a Sunday night, rural Lincolnshire, no street lighting, instantly blew a hole in the tyre which I could almost get my hole hand in, had to be recovered due to no spare tyre with car, only sealant....Had to have new tyre, new pressure sensor and wheel alignment, £261.25.  Lincs council come back with offer of £239 due to as they say, "no doubt the damaged tyre/exhaust/wheel had been subject to some wear and tear....Admittedly it is only £22.25 difference, but my issue is I wouldn't of had to pay out anything if the pothole hadn't been there, so to make a deduction for wear and tear seems a bit like they want to have the final say...What I'm actually getting to is, if I reject the offer and say, no I want the full amount and they say, no we're only paying £239, I'm guessing I'd have to take it further legally ?  Or are they likely to pay the full amount if pushed but are just trying it on...?  Thanks 

sammyjammy

I think its reasonable to accept the offer, less stress and you got a brand new tyre for £22!

LightFlare

as above - sounds reasonable.

How old was the tyre/how many miles on it?

tomo13

sammyjammy said:

I think its reasonable to accept the offer, less stress and you got a brand new tyre for £22!

Yes def less stress, just winds me why they can't just say, yes our fault, here's your money back...

cw8825

tomo13 said:

sammyjammy said:

I think its reasonable to accept the offer, less stress and you got a brand new tyre for £22!

Yes def less stress, just winds me why they can't just say, yes our fault, here's your money back...

This is what they are saying
but they are only liable for the cost of the tyre you had not a brand new one so have made a small deduction 

Very fair I would not be looking to take it further

Stubod

..I asssume your tyre was not new / part worn, so I would take the money and run.....IMHO....

Okell

I'm amazed they offered you anything.

you claimed £261 and they've offered £239?

You'd be daft not to bite their hand off.

Accept it before they think better of it

Car_54

tomo13 said:

Back in March hit a 4ft x 3ft pothole at 9pm on a Sunday night, rural Lincolnshire, no street lighting, instantly blew a hole in the tyre which I could almost get my hole hand in, had to be recovered due to no spare tyre with car, only sealant....Had to have new tyre, new pressure sensor and wheel alignment, £261.25.  Lincs council come back with offer of £239 due to as they say, "no doubt the damaged tyre/exhaust/wheel had been subject to some wear and tear....Admittedly it is only £22.25 difference, but my issue is I wouldn't of had to pay out anything if the pothole hadn't been there, so to make a deduction for wear and tear seems a bit like they want to have the final say...What I'm actually getting to is, if I reject the offer and say, no I want the full amount and they say, no we're only paying £239, I'm guessing I'd have to take it further legally ?  Or are they likely to pay the full amount if pushed but are just trying it on...?  Thanks 

Do you always carry a "hole hand" for these eventualities?

ontheroad1970

It's not their money, but the public's so I think it is reasonable for them  to make a reasonable offer such as this one.  If you took it to court you could be asked to evidence when you bought the tyre and be offered even less.  You have a responsibility to minimise your losses, and also to consider out of court settlements or you could find you won't get the court fee back which will be more than £22

Marvel1

As above, a new tyre for £22 - bargain.

Also maybe worth now getting a spare tyre.

LightFlare

Marvel1 said:

As above, a new tyre for £22 - bargain.

Also maybe worth now getting a spare tyre.

to be fair to the OP (and others) -- many cars nowadays dont have space or carry a spare. They just have cans of sealant instead