Pothole claim when already sprayed on road to repair ?
Discussion
I claimed a few years ago for a buckled wheel after hitting a section of road that had been dug up but then not filled correctly - just make sure you take lots of photos before its repaired as mine went on for a couple of months and road was well repaired before they agreed to cover the cost of the wheel
anonymous said:
[redacted]
Is this not a perfect example of the com pen say shun culture. You drove through a chuffin big highlighted pothole and you want someone else to pay for your driving mistake - i.e We the Taxpayer.
One has to wonder what the cost to the council would be to respond to a claim, consult an in house lawyer and process a payment - Probably 10x the cost of repairing the wheel.
Meanwhile on another thread people are complaining about council tax rises.
Bob
"You drove through a chuffin big highlighted pothole and you want someone else to pay for your driving mistake"
What's he supposed to do, there was a wagon approaching!
We all pay enough to keep the roads in some sort of condition that allows us to drive on them without damaging our cars, so yes, the council should pay up, or if not them someone else.
What's he supposed to do, there was a wagon approaching!
We all pay enough to keep the roads in some sort of condition that allows us to drive on them without damaging our cars, so yes, the council should pay up, or if not them someone else.
General Fluff said:
Very little chance. They've inspected the road, identified a problem and were in the process of sorting it out.
You normally only have a chance if you can demonstrate they hadn't checked the road in accordance with the national guidelines.
Not necessarily, if they've inspected the road and identified the problems they also have to fix the issue within a certain time period (depends on the category of road), not doing so is negligence that can be claimed againstYou normally only have a chance if you can demonstrate they hadn't checked the road in accordance with the national guidelines.
kiethton said:
Not necessarily, if they've inspected the road and identified the problems they also have to fix the issue within a certain time period (depends on the category of road), not doing so is negligence that can be claimed against
True, that's why I said very little chance rather than no chance at all. So you'd have to demonstrate that they left it too long, after working out what too long means. It's unlikely they have though.kiethton said:
Not necessarily, if they've inspected the road and identified the problems they also have to fix the issue within a certain time period (depends on the category of road), not doing so is negligence that can be claimed against
I dare say 'negligence' can be viewed in a number of ways, say as a hole in a road that gets bigger and bigger, eventually becoming such a size to potentially cause damage to a road vehicle. That sounds like negligence to me.I had the same thing a couple of years ago. Hit a large pothole on an unlit stretch of country road and burst a tyre (costing over £200 to replace) on my wife's car.
It turned out two of my work colleagues had done the same on the same pothole (so christ knows how many it claimed). One of them buckled his steel wheel.
They too were 'marked for repair' and, after I'd spent ages filling out the bumper funpack of documents they required and sending in all evidence, the council solicitor basically told me to fk off and more or less said 'try taking us to court but you'll lose'.
Piss kettle was steaming after that.
It turned out two of my work colleagues had done the same on the same pothole (so christ knows how many it claimed). One of them buckled his steel wheel.
They too were 'marked for repair' and, after I'd spent ages filling out the bumper funpack of documents they required and sending in all evidence, the council solicitor basically told me to fk off and more or less said 'try taking us to court but you'll lose'.
Piss kettle was steaming after that.
BigMon said:
I had the same thing a couple of years ago. Hit a large pothole on an unlit stretch of country road and burst a tyre (costing over £200 to replace) on my wife's car.
It turned out two of my work colleagues had done the same on the same pothole (so christ knows how many it claimed). One of them buckled his steel wheel.
They too were 'marked for repair' and, after I'd spent ages filling out the bumper funpack of documents they required and sending in all evidence, the council solicitor basically told me to fk off and more or less said 'try taking us to court but you'll lose'.
Piss kettle was steaming after that.
Council solicitor is hardly going to encourage you to put in a claim and give you the best odds of success is he. It would be a small claims hearing in front of a magistrate and probably cost you very little.It turned out two of my work colleagues had done the same on the same pothole (so christ knows how many it claimed). One of them buckled his steel wheel.
They too were 'marked for repair' and, after I'd spent ages filling out the bumper funpack of documents they required and sending in all evidence, the council solicitor basically told me to fk off and more or less said 'try taking us to court but you'll lose'.
Piss kettle was steaming after that.
Mammasaid said:
Check Fix My Street to see if it's been reported previously, if not you'll probably have to go for a FOI request.
Why FOI? Why not just ask as "business as usual" you'll be surprised to learn that it works. Don't know why the knobbers at the BBC always state "following a FOI" why not just ask ??If you don't get an answer then try FOI, a straight FOI usually marks out a pretentious cokc
vxr8mate said:
Council solicitor is hardly going to encourage you to put in a claim and give you the best odds of success is he. It would be a small claims hearing in front of a magistrate and probably cost you very little.
I imagine it's all carefully calculated to judge the amount of hassle to take it further vs the outlay to fix damages.Personally I don't want to take a day holiday to go to small claims court for £200 (with no guarantee that I would win) and I have no solicitor\lawyer mates to draft up free letters of legalese so I chose to bite down and take the shafting.
Doesn't mean I was happy about it though.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff