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  • FIRST POST
    • Former MSE Rebecca
    • By Former MSE Rebecca 7th Nov 14, 12:50 PM
    • 113Posts
    • 96Thanks
    Former MSE Rebecca
    Pothole claims guide discussion
    • #1
    • 7th Nov 14, 12:50 PM
    Pothole claims guide discussion 7th Nov 14 at 12:50 PM


    Hi all,

    We've written a new Pothole Claims guide for the website and we'd love your feedback.

    How did you find the info? Was it useful? Do you have any other tips you would add?

    Thanks for your help,

    MSE Rebecca
Page 8
    • Woodmysta
    • By Woodmysta 13th Nov 17, 11:16 AM
    • 13 Posts
    • 0 Thanks
    Woodmysta
    Hi, went through this all with Northants council, originally they blamed it on Anglian water, which took them 3 months, then Anglian water were very good said not them as issue not reported by the council to them, so back to council, have now had a load of photocopied logs of the road being inspected 3 months before and told to whistle for it as its a minor road, basically, so went through all the data gathering and submitted the claim etc all it seems for nothing, 650 for new tyre, recovery, wheel weld and its all for nowt. Ha hey ho, tbh I was reluctant to claim in the first place as somehow knew they would have a get out. Frustrated dot com.
    • techdojo
    • By techdojo 20th Dec 17, 11:53 AM
    • 10 Posts
    • 1 Thanks
    techdojo
    Need some advice about filing a 'pot'ential claim
    Hi there,
    My wife hit a pothole on the side of the road a couple of weeks ago and not only managed to blow the tyre but also put a serious dent in the wheel.

    The car is currently in for repair and with the bill for the extra tracking / alignment check to make sure there was no other unknown damage caused as a result I'm looking at around 400 (possibly more if they find any extra damage).

    I went back to the spot to photograph the offending hole later the same night and noticed that it's to the left of the 'kerbside' white line and it's actually where the road ends and the adjoining land begins.

    The road in question is a single carriageway rural B road and at the time of the incident a wide oncoming lorry was coming round the corner a little wide and was practically on the crown of the road, my wife moved over to avoid a head on collision and moved over the kerbside solid white line, whilst the road is paved about 12" to the left of the line there are patches where the edge has crumbled and has left several long deep "holes" almost up to the actual solid white line and it's one of these that she hit (and no she doesn't have a dash cam or the details of the lorry in question).

    From what I've read so far I might have a fight on my hands getting any joy from my local council but I was wondering if anybody (@stringybob?) knows if the council could even be considered liable given the state of the "edge" of the road.

    Thanks in advance.
    • Aylesbury Duck
    • By Aylesbury Duck 20th Dec 17, 12:38 PM
    • 1,685 Posts
    • 2,223 Thanks
    Aylesbury Duck
    I'm not sure you'll succeed in any claim. Fundamentally, she left the road which was what caused the damage, even though with good reason to do so. As I understand it, even if the pothole was on the road itself, the council would only be liable if someone had previously reported the hole and they had taken longer than was reasonable to repair it.
    • IanMSpencer
    • By IanMSpencer 20th Dec 17, 12:42 PM
    • 1,462 Posts
    • 1,079 Thanks
    IanMSpencer
    Hi there,
    My wife hit a pothole on the side of the road a couple of weeks ago and not only managed to blow the tyre but also put a serious dent in the wheel.
    Originally posted by techdojo
    I would say that the road is declared by the white line and by leaving the road, the council cannot be held responsible (unless they had done something spectacularly bad in their road design) - it is, after all the very purpose of that road marking.

    Effectively what you have had is that the oncoming lorry caused your wife to have an accident - consider how you would have dealt with the situation where there was a brick wall in the same place as a pothole.

    Not knowing the actual circumstances, but if there was no centre white line, then one of the issues is that the lorry was not necessarily on the wrong side of the road - it may have had to have taken the bend wide to cope with a trailing rear. Blame then comes down to a question of speed - if a road is not wide enough for two vehicles to pass safely, then both drivers should be driving at half the braking distance determined by the visibility. So even if you could trace the driver, I think that the best you could hope for would be a 50/50 split as without evidence it would simply be an argument over the facts of what happened.

    Very sympathetic, but while it may be worth following up, I would not invest too much effort in pursuing the council. It may be worth a post on pepipoo.com where there may be others with legal knowledge and experience.
    • techdojo
    • By techdojo 20th Dec 17, 12:51 PM
    • 10 Posts
    • 1 Thanks
    techdojo
    That was my understanding as well (at least with regards to technically having left the road), I've already contacted my insurers and started a claims process with them - my excess is only 150 and I have a protected NCD. It was their claims advisor who actually suggested I make a claim via the council - I actually got him to repeat that (for the benefit of the tape) as it seemed to be a bit weird / fraudulent to effectively claim twice (and there is a specific note about that and then having to repay the insurance company in Rebecca's guide).

    I guess I'm just going to bite the 150 bullet (too bad I've already brought the wife's Christmas pressie )
    • IanMSpencer
    • By IanMSpencer 20th Dec 17, 1:39 PM
    • 1,462 Posts
    • 1,079 Thanks
    IanMSpencer
    It was their claims advisor who actually suggested I make a claim via the council - I actually got him to repeat that (for the benefit of the tape) as it seemed to be a bit weird / fraudulent to effectively claim twice (and there is a specific note about that and then having to repay the insurance company in Rebecca's guide).
    Originally posted by techdojo
    I think the claims advisor was probably intending to suggest that if you successfully claimed against the council, you could undo your claim and have your protected NCD reset to how it was before.

    Your base premium is likely to go up as a result of the incident.
    • techdojo
    • By techdojo 20th Dec 17, 1:45 PM
    • 10 Posts
    • 1 Thanks
    techdojo
    Possibly, but I'm guessing in this I'm going to loose either way - so I might as well save my time, drop the 150 and worry about my insurance when it's up for renew (late next year) - thanks for your help.
    • Snoopy_rules
    • By Snoopy_rules 21st Dec 17, 7:55 AM
    • 706 Posts
    • 684 Thanks
    Snoopy_rules
    Just been reading on my local councils website how to make a claim for pothole damage. They want :-
    Vehicle registration document.
    Insurance certificate Note: The County Council may contact your insurers to confirm this information.
    MOT certificate (If required for the vehicle).
    Proof of last service.
    Proof of valid road tax www.vehicleenquiry.service.gov.uk
    Supporting evidence for age of tyre(s).
    Invoices or receipts for the required repairs (Note: quotations are not accepted).

    Plus photos etc.
    Is it normal for a council to demand logbook, service proof etc?
    Seems a bit extreme just for a tyre claim.
    • chrisvin17
    • By chrisvin17 10th Jan 18, 12:52 PM
    • 2 Posts
    • 1 Thanks
    chrisvin17
    pothole claim
    Followed the guidance and got a generic letter back from the authority saving that they are only obligated to check for holes every month. Turns out they checked the area 3 weeks and 6 days prior to my incident! I pointed out that they also have the obligation to provide signage warning of the danger and actually make an attempt to rectify it within that time frame. They did neither of these things.

    They replied promptly and agreed to pay in full.

    My advice is they will automatically reject the claim based on any justification they can in the hope you give up. Challenge them based on their responsibilities and obligations....and common sense!

    thanks for the guidance, very happy!
    • Fridge03
    • By Fridge03 21st Jan 18, 5:26 PM
    • 101 Posts
    • 22 Thanks
    Fridge03
    Evening all,

    Some advice please.

    Am I right in saying most major A roads are Highways England controlled and who I would need to contact below?

    I hit a now famous pothole on the northbound A21 just outside Tonbridge in Kent. It caused a complete failure of one tyre. Fortunately I was able to keep control of the car and pull in on a lay by to change the wheel.
    I say famous, it's been reported in the local news when the road was completely shut due to 6 or so cars being stuck on it after hitting the pothole. It's been repaired once, and has opened up again evidently a few days ago. So they are well aware of it.

    I have had the wheel changed and as advised by my trusted mechanic to change the opposite side at the same time so they have been fitted as a pair, which he has stated on my bill.
    I also lost out on 98 of a non-refundable missed event that I couldn't make due to the incident.
    Would I be able to claim for this also? I have evidence of the cost etc.
    Also, do you think they would pay for both tyres or be very strict and only pay out for the one that physically suffered the damage?

    Cheers
    • photome
    • By photome 23rd Jan 18, 4:15 PM
    • 13,029 Posts
    • 8,561 Thanks
    photome
    Evening all,

    Some advice please.

    Am I right in saying most major A roads are Highways England controlled and who I would need to contact below?

    I hit a now famous pothole on the northbound A21 just outside Tonbridge in Kent. It caused a complete failure of one tyre. Fortunately I was able to keep control of the car and pull in on a lay by to change the wheel.
    I say famous, it's been reported in the local news when the road was completely shut due to 6 or so cars being stuck on it after hitting the pothole. It's been repaired once, and has opened up again evidently a few days ago. So they are well aware of it.

    I have had the wheel changed and as advised by my trusted mechanic to change the opposite side at the same time so they have been fitted as a pair, which he has stated on my bill.
    I also lost out on 98 of a non-refundable missed event that I couldn't make due to the incident.
    Would I be able to claim for this also? I have evidence of the cost etc.
    Also, do you think they would pay for both tyres or be very strict and only pay out for the one that physically suffered the damage?

    Cheers
    Originally posted by Fridge03
    why would they pay for a tyre you chose to have changed,? you do not need to change tyres in pairs.

    also the 98 you are claiming for hasnt been lost, as the venue has offered you a credit.
    • stuartJo1989
    • By stuartJo1989 24th Jan 18, 1:23 PM
    • 446 Posts
    • 476 Thanks
    stuartJo1989
    Evening all,

    Some advice please.

    Am I right in saying most major A roads are Highways England controlled and who I would need to contact below?

    I hit a now famous pothole on the northbound A21 just outside Tonbridge in Kent. It caused a complete failure of one tyre. Fortunately I was able to keep control of the car and pull in on a lay by to change the wheel.
    I say famous, it's been reported in the local news when the road was completely shut due to 6 or so cars being stuck on it after hitting the pothole. It's been repaired once, and has opened up again evidently a few days ago. So they are well aware of it.

    I have had the wheel changed and as advised by my trusted mechanic to change the opposite side at the same time so they have been fitted as a pair, which he has stated on my bill.
    I also lost out on 98 of a non-refundable missed event that I couldn't make due to the incident.
    Would I be able to claim for this also? I have evidence of the cost etc.
    Also, do you think they would pay for both tyres or be very strict and only pay out for the one that physically suffered the damage?

    Cheers
    Originally posted by Fridge03
    I just want to match up this post with the relevant parts of your other posts about The Snow Centre, Hemel Hampstead

    On Thursday 18th Jan I booked 2 x 2 hour lift passes for Saturday 20th morning at 8:30. Late Friday afternoon, I found out that my partner was required to work due to an emergency. I called up at 715pm and spoke to a lady who I explained the situation to. She kindly agreed to move us to Sunday at the same time and confirmed that over the phone.
    by Fridge03 23rd Jan @ 13:36

    However !!!8220;on this occasion!!!8221; she would credit our account for future use. The use of the phrase !!!8220;on this occasion!!!8221; was patronising and not professional.
    by Fridge03
    Just want to match these up as I find it quite shocking how you've asked the question about being reimbursed for the cost of the "non-refundable missed event", which only happened because YOU breached the contract (failed to arrive at the agreed date/time, and not linked to the pothole in ANY WAY) and has since been given to you as credit as a goodwill gesture (they should have just told you tough luck).

    In terms of the pothole, if it is a "a now famous pothole on the northbound A21 just outside Tonbridge in Kent" then why didn't you anticipate it?! If I know a "famous" pothole is in place X then I'll make a conscious effort to avoid being damaged by it.... Or is that just too much common sense?

    Maybe you've got a claim against the council, but I would probably seek legal advice (solicitor etc) and maybe also enquire with the council themselves? Go through their internal complaints procedure and ask for money back? I just hope that you don't make a fraudulent claim (The Snow Center costs) and, if you do, I hope that this post/thread serves to help catch you out.
    Last edited by stuartJo1989; 24-01-2018 at 1:26 PM.
    • Fridge03
    • By Fridge03 24th Jan 18, 9:10 PM
    • 101 Posts
    • 22 Thanks
    Fridge03
    I just want to match up this post with the relevant parts of your other posts about The Snow Centre, Hemel Hampstead






    Just want to match these up as I find it quite shocking how you've asked the question about being reimbursed for the cost of the "non-refundable missed event", which only happened because YOU breached the contract (failed to arrive at the agreed date/time, and not linked to the pothole in ANY WAY) and has since been given to you as credit as a goodwill gesture (they should have just told you tough luck).

    In terms of the pothole, if it is a "a now famous pothole on the northbound A21 just outside Tonbridge in Kent" then why didn't you anticipate it?! If I know a "famous" pothole is in place X then I'll make a conscious effort to avoid being damaged by it.... Or is that just too much common sense?

    Maybe you've got a claim against the council, but I would probably seek legal advice (solicitor etc) and maybe also enquire with the council themselves? Go through their internal complaints procedure and ask for money back? I just hope that you don't make a fraudulent claim (The Snow Center costs) and, if you do, I hope that this post/thread serves to help catch you out.
    Originally posted by stuartJo1989
    Uh Oh, the forum police are out in force!

    Where did I say I was going to make any fraudulent claims? I was asking for advice, on both occasions. You know, consumer rights, compensation claims to councils etc. Not opinions, like your criticism of my driving.
    Two things, I only saw about the pothole in the news when the garage mentioned it had been whilst getting my car repaired.
    Second, I hit said pothole as the visibility was poor due to A, poor weather and B and most importantly, it was dark. That happens during a 24 hour period if you took the time to look out the window away from your PC and keyboard.
    Perhaps you should start up a driving school with all that common sense of yours?
    • stuartJo1989
    • By stuartJo1989 24th Jan 18, 9:59 PM
    • 446 Posts
    • 476 Thanks
    stuartJo1989
    Uh Oh, the forum police are out in force!

    Where did I say I was going to make any fraudulent claims? I was asking for advice, on both occasions. You know, consumer rights, compensation claims to councils etc. Not opinions, like your criticism of my driving.
    Originally posted by Fridge03
    Claiming for the 98 would most likely be fraudulent, because you breached the contract (didn't turn up for the agreed date + time) and you got credit back. So the pothole didn't have any bearing on that, its only literally the damage to your car.

    I guess you missed my advice about that on my post?

    Two things, I only saw about the pothole in the news when the garage mentioned it had been whilst getting my car repaired.
    Second, I hit said pothole as the visibility was poor due to A, poor weather and B and most importantly, it was dark. That happens during a 24 hour period if you took the time to look out the window away from your PC and keyboard.
    Fair enough

    Perhaps you should start up a driving school with all that common sense of yours?
    Perhaps you should take up stand-up comedy. You've left me in stitches...
    • sbell_uk
    • By sbell_uk 24th Feb 18, 3:48 PM
    • 1 Posts
    • 0 Thanks
    sbell_uk
    MSE,
    Thanks for the guide, it helped me during the arduous process of submitting my claim. Even though I was meticulous with every detail, it seems that it is all down to the class of road that has the pothole!

    My incident took place on a class D road in West Sussex and according to the authorities legal services department it is subject to routine inspection on an annual basis only (May 2017) with additional inspections carried out following specific reports of problems from police or the public.
    My pothole issue ocurred in November 2017 and according to the authorities was the first report of a problem for that inspection period.

    The authorities placed a blob of tarmac into the pothole when they returned to the area to investigate my claim.
    In response to my request of 70 compensation for a damaged steel wheel and plastic wheel trim, the authorities have declined to compensate me, citing section 58 of the Highways Act 1980 whereby there has been in operation a reasonable system of inspection and repair for a D class road.
    Goliath has beaten David yet again!!!
    • cinders59
    • By cinders59 24th Feb 18, 4:13 PM
    • 5,577 Posts
    • 57,867 Thanks
    cinders59
    MSE,
    Thanks for the guide, it helped me during the arduous process of submitting my claim. Even though I was meticulous with every detail, it seems that it is all down to the class of road that has the pothole!

    My incident took place on a class D road in West Sussex and according to the authorities legal services department it is subject to routine inspection on an annual basis only (May 2017) with additional inspections carried out following specific reports of problems from police or the public.
    My pothole issue ocurred in November 2017 and according to the authorities was the first report of a problem for that inspection period.

    The authorities placed a blob of tarmac into the pothole when they returned to the area to investigate my claim.
    In response to my request of 70 compensation for a damaged steel wheel and plastic wheel trim, the authorities have declined to compensate me, citing section 58 of the Highways Act 1980 whereby there has been in operation a reasonable system of inspection and repair for a D class road.
    Goliath has beaten David yet again!!!
    Originally posted by sbell_uk
    we had that because there had been loads of reports and that meant that it was going to be given a date for repair they said there was no claim, and when I asked how many and when the complaints had been made they wouldn't say under "this and that" acts and it would lead to lots of claims. How stupid
    Thanks to all who post comps
    ITV winners membersclub#2
    • dw85
    • By dw85 27th Feb 18, 2:53 PM
    • 169 Posts
    • 159 Thanks
    dw85
    Lincs Pothole claim?
    Hi guys,
    After a bit of direction and clarification (Also whether anyone has had any luck against Lincolnshire council?).

    Hit a pothole (well two...if you saw the state of the road, you'd be amazed more werent hit!) in the evening last week on a B road on a pizza run as we had just moved in that day. They were at least a 1/3 of the way into the carriage way, to avoid you had to cross over the centre line (as i discovered upon inspection in daylight the next day) - not an option with oncoming traffic.
    Anyways, upshot - dented alloy and new tyre and 2 x recovery vehicles = 770.

    Being a good citizen, i reported it on their website (As it seems, have alot of other people) and now am starting a claims against them - getting anything back would be a help!
    im also very concerned for the safety of others, esp any motorcyclists going along there, an accident waiting to happen - cars can be replaced; people, not so much.
    They have taken my details and sent me a claims form with the standard "prove that we've been negligent' spiel.
    So, ive got the inspection schedule that says Lincs look at that road Quarterly (Highways Agency recommend a road of that classification every month)- now, when i do a FOI request, what do i ask for? Last inspected date? Inspection report?

    What should my next steps be? i have pictures of the holes, with a scale.
    Is this something i stand a chance with?
    Thanks in advance, all constructive help appreciated!!
    Change is inevitable...nothing stays the same forever
    • Pam Swarbrick
    • By Pam Swarbrick 7th Mar 18, 1:39 PM
    • 1 Posts
    • 0 Thanks
    Pam Swarbrick
    Mrs Pam Swarbrick
    I had a bad experience last year in June travelling home along a country Lane after hitting a pothole at 10.4pm on my own!!!It punctured my tyre and as was on my own and not street lighting I drove very slowly and got home to see a big tear in my tyre!!!
    I could put my 4 fingers in the hole.
    Lancashire County council refused to accept liability after fotos ,forms and all my car documents were seen by them.!!!
    • David Fullarton
    • By David Fullarton 9th Mar 18, 5:57 PM
    • 1 Posts
    • 0 Thanks
    David Fullarton
    Insurance Companies and potholes.
    I Informed my insurance company (Hastings) of a puncture due to going into a pothole, as recommended. NOT a claim. Next renewal----declined to insure! They had put it down as an "own fault" accident claim, and because my car had been stolen two years ago, this tipped me out of their comfort zone in insuring me. It took me days of phoning and getting passed around their disjointed customer service/claims system, (which cuts you off after 15 minutes every time), before they corrected their mistake to an "advisory" notification of a puncture as opposed to a claim. Now my claims history was back to where it was before, and the same as when they took my business a year ago. Guess what? They still declined to insure me, wouldn't say why.
    My advice? Don't tell insurance companies anything at all you don't need to. Reason: they will !!!! it up and you will pay more as a result, or get declined. For the most part, almost every motor insurance company I have ever dealt will is riddled with incompetence, and catastrophic imbecility.
    • shiraz123
    • By shiraz123 21st Mar 18, 8:26 PM
    • 1 Posts
    • 0 Thanks
    shiraz123
    Holes in the road
    Hi
    I have had a recent incident, not with a pothole but with a severn trent water manhole cover that was missing down a country lane. My daughter was riding her horse down the public road and one of the horses hoof went down it , causing damage to her leg. I have contacted severn trent but they are denying liability can you provide any advice if i can make a claim against them or how

    Many thanks
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