Pothole damage to car. Council admitted liability?
Discussion
Unfortunately my holiday was cut short this year, after being recovered home on the back of an RAC recovery truck.
Was driving back to our caravan from Pendine Sands, and the car hit a pothole. I didn't see the pothole, but it was such a crash, I expected to have popped a tyre.
Got out to check, tyre seemed fine, so i continued on my journey.
4 hours later, I was turning the car around in a tight turning circle, and the car felt like it had run over a traffic cone, so I iimmediately stopped and found this:
A suspension bolt had sheared.
Car recovered home 3 days early.
I just called the county council, expected to be told to bugger off (bearing in mind I could not tell them the time the place or even the road name), but have been told to provide 2 written quotes for the damage.
Now I realise they have not yet (and and may not) pay out, but I find this very unusual.
Was driving back to our caravan from Pendine Sands, and the car hit a pothole. I didn't see the pothole, but it was such a crash, I expected to have popped a tyre.
Got out to check, tyre seemed fine, so i continued on my journey.
4 hours later, I was turning the car around in a tight turning circle, and the car felt like it had run over a traffic cone, so I iimmediately stopped and found this:
A suspension bolt had sheared.
Car recovered home 3 days early.
I just called the county council, expected to be told to bugger off (bearing in mind I could not tell them the time the place or even the road name), but have been told to provide 2 written quotes for the damage.
Now I realise they have not yet (and and may not) pay out, but I find this very unusual.
k off.Never mind the council claim, I would be getting that old car into a garage to make sure the rest of the rusty suspensions bolts aren't about to break. 
In all seriousness, there seems to be no damage to the wheel, so was this the work of a pot hole, or has it just highlighted a major weak point with your car. You where lucky, this could have happened doing 70+ on the motorway.
In all seriousness, there seems to be no damage to the wheel, so was this the work of a pot hole, or has it just highlighted a major weak point with your car. You where lucky, this could have happened doing 70+ on the motorway.
xstian said:
Never mind the council claim, I would be getting that old car into a garage to make sure the rest of the rusty suspensions bolts aren't about to break.
In all seriousness, there seems to be no damage to the wheel, so was this the work of a pot hole, or has it just highlighted a major weak point with your car. You where lucky, this could have happened doing 70+ on the motorway.
It's in the garage as I write.In all seriousness, there seems to be no damage to the wheel, so was this the work of a pot hole, or has it just highlighted a major weak point with your car. You where lucky, this could have happened doing 70+ on the motorway.
Several years ago, my car suffered some damage to a sill when a drainage cover grid in the gutter collapsed. I complained to the local council who. Sent me a form to fill in and return with estimates for the cost.
I did all that, waited a couple of months and then got a letter from them along the lines of the grid had been inspected routinely, not that long before and was OK so they wouldn't accept responsibility. The felt that something about the way I had run onto the grid had caused the failure(!).
Good luck.
I did all that, waited a couple of months and then got a letter from them along the lines of the grid had been inspected routinely, not that long before and was OK so they wouldn't accept responsibility. The felt that something about the way I had run onto the grid had caused the failure(!).
Good luck.
Mk3Spitfire said:
Which road was it?
And there lies the problem.I was staying nr Saundersfoot and heading back from a trip to Pendine Sands.
I hit the pothole, stopped because I thought I had popped a tyre, got out, checked all was ok, which it appeared to be, and drove on.
Problem didn't materialise for several hours.
Generally, if you report damage to your car, and you're the first to do so at a specific location, the Council won't accept liability. This is because whilst they have a duty to inspect and maintain the roads, they can't reasonably be expected to check every bit of it every day.
If you report damage to your car, and someone has already reported a defect and it hasn't been fixed already, then you are likely to have more chance of them accepting liability.
Records etc. can all be obtained via FoI.
It would be curious for them to accept liability in this case given a location wasn't specified, but there's nothing to lose by following it up.
Ian
If you report damage to your car, and someone has already reported a defect and it hasn't been fixed already, then you are likely to have more chance of them accepting liability.
Records etc. can all be obtained via FoI.
It would be curious for them to accept liability in this case given a location wasn't specified, but there's nothing to lose by following it up.
Ian
I had a similar situation with my local council, although not exactly the same (car was damaged by council contractors as they cut branches off a tree.) Was told they would investigate and, surprise surprise, they came back to me and denied all knowledge.
Feeling suitably aggrieved (and with good photographic evidence) I issued against them in the Small Claims Court, and they essentially weren't organised enough to refute the claim, meaning I won. Given how organised councils are, I suspect this is a much better way of getting money out of them in such a circumstance.
You may like to think about doing the same.
Oli.
Feeling suitably aggrieved (and with good photographic evidence) I issued against them in the Small Claims Court, and they essentially weren't organised enough to refute the claim, meaning I won. Given how organised councils are, I suspect this is a much better way of getting money out of them in such a circumstance.
You may like to think about doing the same.
Oli.
When they tell you that they maintain the roads so have no responsibility for your claim ask to see their paperwork. If they can provide it, pick it to bits. Is everything signed and dated? Are the signatures legible (if not, ask them who signed the papers), does the paperwork refer to a reasonably short, identifiable, section of road or does it refer to, eg, 'Street Lane' - a 2 mile road, how long ago from your accident was the road inspected? Does there last inspection raise no issues at all with the road? Bombard them with questions and chances are you'll get a cheque at the second/third letter stage when they realise you aren't going to be fobbed off.
Voldemort said:
When they tell you that they maintain the roads so have no responsibility for your claim ask to see their paperwork. If they can provide it, pick it to bits. Is everything signed and dated? Are the signatures legible (if not, ask them who signed the papers), does the paperwork refer to a reasonably short, identifiable, section of road or does it refer to, eg, 'Street Lane' - a 2 mile road, how long ago from your accident was the road inspected? Does there last inspection raise no issues at all with the road? Bombard them with questions and chances are you'll get a cheque at the second/third letter stage when they realise you aren't going to be fobbed off.
Alternatively, you could replace the broken bolt. Just out of interest, how much is the bill for the damage?
Mound Dawg said:
Voldemort said:
When they tell you that they maintain the roads so have no responsibility for your claim ask to see their paperwork. If they can provide it, pick it to bits. Is everything signed and dated? Are the signatures legible (if not, ask them who signed the papers), does the paperwork refer to a reasonably short, identifiable, section of road or does it refer to, eg, 'Street Lane' - a 2 mile road, how long ago from your accident was the road inspected? Does there last inspection raise no issues at all with the road? Bombard them with questions and chances are you'll get a cheque at the second/third letter stage when they realise you aren't going to be fobbed off.
Alternatively, you could replace the broken bolt. Just out of interest, how much is the bill for the damage?
Voldemort said:
When they tell you that they maintain the roads so have no responsibility for your claim ask to see their paperwork. If they can provide it, pick it to bits. Is everything signed and dated? Are the signatures legible (if not, ask them who signed the papers), does the paperwork refer to a reasonably short, identifiable, section of road or does it refer to, eg, 'Street Lane' - a 2 mile road, how long ago from your accident was the road inspected? Does there last inspection raise no issues at all with the road? Bombard them with questions and chances are you'll get a cheque at the second/third letter stage when they realise you aren't going to be fobbed off.
How do you expect the Council to prove they have inspected the road correctly when the OP doesn't actually know where the pot hole is?Sorry OP but I think you've got no chance
Ian Geary said:
Generally, if you report damage to your car, and you're the first to do so at a specific location, the Council won't accept liability. This is because whilst they have a duty to inspect and maintain the roads, they can't reasonably be expected to check every bit of it every day.
If you report damage to your car, and someone has already reported a defect and it hasn't been fixed already, then you are likely to have more chance of them accepting liability.
Records etc. can all be obtained via FoI.
It would be curious for them to accept liability in this case given a location wasn't specified, but there's nothing to lose by following it up.
Ian
There are 12+ potholes along the lane on which I live - all reported over 18 months ago. The council agree they need repair, but apparently aren't urgent so won't be done until the road is resurfaced in the 2015/2016 financial year.If you report damage to your car, and someone has already reported a defect and it hasn't been fixed already, then you are likely to have more chance of them accepting liability.
Records etc. can all be obtained via FoI.
It would be curious for them to accept liability in this case given a location wasn't specified, but there's nothing to lose by following it up.
Ian
Presumably if I damage my car in these (most are over 18 inch diameter and 6 inch or more deep) then the council would be liable?
We have previously been paid out by Essex CC for damage - my other half drove over the metal frame of a temporary road sign which was lying in the unlit road one rainy night. I think we only got paid after proving their contractor wasn't inspecting the site as regularly as they claimed - the sign we hit was still where I'd moved it to 2 weeks later. The contractor had supplied a statement that they check the signs daily!
I hit a pothole once, under a bridge on a main road, filled with water so I didn't notice it, wheel buckled but tyre fine, steering off an 2 weeks later the shock collapsed (finally ran out of fluid)
I complained to the council, done a FOI request and found it had been complained about 3 days previous. I went back the next day and got photos including measurements showing it 5 inches deep, 30 inch long and 10" wide.
They refused my claim as they repaired it 2 days later and had inspected it, I proceeded to ask why it hadn't been investigated after the first claim and coned off, but they had investigated and repaired in 5 days total so refused to pay me out. A friend / solicitor said I should get checked for whiplash and put a claim in that way / no win no fee.
Being the guy I am i bought some new alloys, a new shock, got the tracking done and have no respect for the council
I complained to the council, done a FOI request and found it had been complained about 3 days previous. I went back the next day and got photos including measurements showing it 5 inches deep, 30 inch long and 10" wide.
They refused my claim as they repaired it 2 days later and had inspected it, I proceeded to ask why it hadn't been investigated after the first claim and coned off, but they had investigated and repaired in 5 days total so refused to pay me out. A friend / solicitor said I should get checked for whiplash and put a claim in that way / no win no fee.
Being the guy I am i bought some new alloys, a new shock, got the tracking done and have no respect for the council
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff