BIG Pot Hole in Road

Author
Discussion

mattgarnham

Original Poster:

23,348 posts

223 months

Saturday 6th January 2007
quotequote all
AHH Where do i start??

To cut a long story short, I have just got home - middle of the night with my beloved car on the back of a lorry.

I managed to hit a pot-hole doing 45mph which broke 2 of my wheels (yes actually broke the alloy)!!

Do I have any rights on sending the bill for new wheels etc. to the council for this? e.g. poor maintenance of the road or some such??

I would be grateful for any advice.

Cheers

Matt

andmole

1,594 posts

225 months

Sunday 7th January 2007
quotequote all
mattgarnham said:
AHH Where do i start??

To cut a long story short, I have just got home - middle of the night with my beloved car on the back of a lorry.

I managed to hit a pot-hole doing 45mph which broke 2 of my wheels (yes actually broke the alloy)!!

Do I have any rights on sending the bill for new wheels etc. to the council for this? e.g. poor maintenance of the road or some such??

I would be grateful for any advice.

Cheers

Matt


First bit of advice, photograph everything, pothole, damage to wheels, what the road approaching the site is like, (ie how visible is the pothole),etc.....

christianio

11 posts

247 months

Sunday 7th January 2007
quotequote all
You have to hope that someone has already reported this pothole to the council. If they are aware of it but have failed to make good then they are responsible.

As above, document everything and then pay to become a support of www.pepipoo.com and seek legal advice from there...

Good luck

mattgarnham

Original Poster:

23,348 posts

223 months

Monday 8th January 2007
quotequote all
Hi

Thanks guys for the replies.

Does that mean if someone has not already pointed it out to them, it is not their fault?

Let me know

M

TonyHetherington

32,091 posts

264 months

Monday 8th January 2007
quotequote all
Hi Matt,

I've moved this thread for you into the speeding/plod/law section of the forums; I believe this topic has been discussed before in here and you will (hopefully ) get more replies.

Best regards
Tony (moderator)

Don

28,378 posts

298 months

Monday 8th January 2007
quotequote all
Matt,

A few years back I successfully got the cost of a new alloy wheel and two tyres back from the Scottish Executive after I popped them on the A82 by the side of Loch Lomond.

Here's how you do it.

1) Photograph EVERYTHING. Take a ruler and lay it on the ground next to the pothole. Show how deep it is. Photograph the damage to the wheels and tyres and car. Best is to have a photograph of the vehicle in situ - but it sounds like this will not be possible now. Go back there, though, and gather the evidence.

2) Write an account of the incident. Note times, dates, witnesses names and addresses. Witnesses are: The recovery guy who picked you up, the firm doing the repairs and replacements.

Find the agency responsible: chances are in England it will be the council. Could be the Highways Agency I believe. In Scotland it was the executive. THEY WILL HAVE A COMPLAINTS PROCEDURE. Follow it to the letter.

Write up your account and send it to them with witness contact details and the photographs: make a really good job of this. Stick in a nice folder. Show them you mean business.

KEEP COPIES OF EVERYTHING. They will "lose" your complaint. Twice. They will pass it around between departments and "lose" bits of it (like the pictures). They will not see in the pictures that the tyres are deflated! Just keep sending copies of everything every time they ask. Phone up and ask how its going - regularly. KEEP A DIARY of ALL COMMUNICATION - so that when they "can't remember when you submitted your complaint" you can quote dates.

It took me over a year. But I got paid.

It is your CIVIC DUTY to punish the council for spending its road maintenance budget inappropriately and not filling pot holes on time. Go for it.

Don

28,378 posts

298 months

Monday 8th January 2007
quotequote all
Oh - they will ask if you claimed on your insurance. If your insurance co paid you - they won't pay. Simple as that.

I did not go through my insurance company as I did not want a claim that would put up my premiums. Although I had to wait for my money my premiums stayed the same as the insurance co never needed to know.

mattgarnham

Original Poster:

23,348 posts

223 months

Monday 8th January 2007
quotequote all
Excellent - thank you for your replies.

I have been down to the BMW dealership and got photos of the car and the wheels.

If they come back saying those tyres are not messed up, I have requested all displaced parts to be given to me, so I can also show them to the council, if they so require (obviously not send them as they will "loose" them...)

Any other advice would be gratefully recieved!

Cheers

M

Lewy

192 posts

251 months

Monday 8th January 2007
quotequote all
You have received some excellent advice above. I tried to claim after reporting a pot hole, they marked it up for repair, 3 weeks later i forgot it was there and broke a wheel. When i tried to claim they denied all knowledge of it being reported or being marked with spray paint for repair. I now report any pot holes through the web for our local council so i have proof of reporting it, and said above, take photo's.

505diff

511 posts

257 months

Monday 8th January 2007
quotequote all
Get some spray paint and spray around the outside of the hole then it looks like they have already been out to it, but not got round to filling it yet

Balmoral Green

42,312 posts

262 months

Monday 8th January 2007
quotequote all

silv

560 posts

244 months

Monday 8th January 2007
quotequote all
Spot on advice from Don clap I did this some years ago on a minor road in Kent. I went back the next day and took some pics. I wrote to the local council who forwarded my letter and my pics to their Insurance company. I received a claim form which I returned with my bill for two new wheels and tyres and after a couple of months I recieved a cheque. See if this works for you. Good luck.


Edited by silv on Monday 8th January 17:00