Derisory council offer despite main dealer evidence of cause of pothole damage

chocolatekimmy

Hello

Has anyone had a good result/experience after going down the small claims court route?

After hitting massive pothole (that had already been reported) and submitting a claim the council are offering a derisory amount to my 20 year old daughter.   They dispute causation despite a main dealer report detailing the damage and they are only offering 50% of the cost of a part (drive shaft) and nothing for the labour.  The drive shaft was virtually brand new, evidence of which has provided.  They also refuse to compensate her for towing and temporary insurance costs, alleging she failed to mitigate her losses.  We have pointed out that she had no choice but to have the car towed as it wasn't functional and the temporary insurance was the cheapest option whilst her car was off the road for around six weeks.  

Every time we email them with evidence to disprove their claims, they just reply to say 'please refer to our previous letter, the offer was final'.  Its like 'computer says no' every time which is frustrating when we have provided extensive documentary evidence.  

Legal cover under home insurance can't help, saying she should have claimed via her car insurance.  

Where do we go from here?

Car_54

chocolatekimmy said:

Legal cover under home insurance can't help, saying she should have claimed via her car insurance.  

Where do we go from here?

Maybe a clue?

Mildly_Miffed

I'm not surprised they're disputing causation - I struggle to see how hitting a pothole would break a driveshaft but not damage a tyre or rim. You say the driveshaft was newly fitted... Faulty part?

Why did it take six weeks to replace a driveshaft?
Why did she pay to get the car towed, rather than use her breakdown cover?
Six weeks of temporary insurance will have been very far from cheap - were there really no other options? (although, of course, you would have had no way of knowing it would take six weeks)

cw8825

how much are you claiming for and how much have they offered?

by the way it sounds she has not attempted to mitigate losses.
if it had not been maybe the councils fault would she have taken those same actions and costs

Dave_5150

What did her insurer say?