Help with a pothole claim....

Help with a pothole claim....

Author
Discussion

kiethton

Original Poster:

13,892 posts

180 months

Sunday 23rd November 2014
quotequote all
Well, I've been back...

It measures c.110cm long and 66cm wide, the front face is about 12cm tall and near vertical, whilst its about 15cm deep at its worst.

This is also interesting, it has been marked up for repair, but obviously quite a long time ago:



It's pretty obvious that it was marked in excess of the 5 days they have to fix it (secondary link road, high risk to damage - my assessment based on guides)

vtecyo

2,122 posts

129 months

Sunday 23rd November 2014
quotequote all
Good luck...

I hit this last winter. Further 5" deep below the water. Submitted all the details, turned out the spotted it about a week beforehand but didn't repair it. Ended up sending and receiving about 7 letters. No payment. Couldn't be fked in the end, flat out denied all liability and just said see you in court. Was tempted to out of principle but for the sake of £120 (amazingly just needed a new tyre)I thought fk it. Dorset County Council can go royally fk themselves.

ETA: an't get the link to work.


Blown2CV

28,786 posts

203 months

Sunday 23rd November 2014
quotequote all
MrBarry123 said:
Blown2CV said:
MrBarry123 said:
Blown2CV said:
yes but you need to prove that
Raise a FOI request on the council on complaints regarding pothole damage on that particular road?
which is what i said in the post above yours. You'll need 3 FOI requests and that's just for starters.
You're fantastic. There's no point me suggesting anything because you've already done it.
well there is no point in suggesting the same thing back to me that I'd just said, no.

nipsips

1,163 posts

135 months

Sunday 23rd November 2014
quotequote all
You need to *prove* negligence from the council. That marking could have been from a previous repair.

Personally I'd let your insurer deal with it - they will pick it up with the council.

However I have to say - I dont like your chances! Good luck!

Blown2CV

28,786 posts

203 months

Sunday 23rd November 2014
quotequote all
nipsips said:
You need to *prove* negligence from the council. That marking could have been from a previous repair.

Personally I'd let your insurer deal with it - they will pick it up with the council.

However I have to say - I dont like your chances! Good luck!
on the face of it, it would sound a good idea to take it up with the insurer but they make the call on every claim as to how much effort it will take to reclaim the cost against how much the payout is, and if they think it's in any way not looking like it's worth the effort they'll just not bother, and will pay you out. However that means you've made a claim so you need to pay excess, and also I think it might technically be a fault claim.

nipsips

1,163 posts

135 months

Sunday 23rd November 2014
quotequote all
Blown2CV said:
on the face of it, it would sound a good idea to take it up with the insurer but they make the call on every claim as to how much effort it will take to reclaim the cost against how much the payout is, and if they think it's in any way not looking like it's worth the effort they'll just not bother, and will pay you out. However that means you've made a claim so you need to pay excess, and also I think it might technically be a fault claim.
Not all insurers do - we would still try. If a customer complains the insurer needs to show its done all it can - a simple we cant be bothered wont suffice.

Personally I would say that the chances of recovery are slim to none, however given the markings and previous complaints it could be succesful. Depends really how they respond to be honest to the first letter - you never know how easy its going to be until you try!

thelawnet

1,539 posts

155 months

Sunday 23rd November 2014
quotequote all
The wife hit a pothole in Surrey about nine months ago. Called the council they weren't interested really, reported it online too, and here:

http://www.potholes.co.uk/potholes/view/16528/

Still not been fixed. She drove past at least two other cars being recovered from the same place (front and rear tyre blowout) over the following weeks.

kiethton

Original Poster:

13,892 posts

180 months

Sunday 23rd November 2014
quotequote all
Thanks all, insurer had been a consideration...

Only issue is that the renewal is next week, a quick quote with a "fault claim" takes the premium to £1.2k pa. (from <£450) especially with the resultant reduction in NCB.

I'm quite lucky that in a previous guise I worked for a bank progressing administrations so I'm not afraid of a legal fight, just got to try and weigh everything up. Other issues are that my car is broken, hers is now not driveable, she can borrow one for a week and that's all and every VW garage has at least a 10 day wait to get a slot, even for just an estimate. She is also only a nursery nurse so money isnt something there is a lot of to just get it fixed.

How long does a council have to repair damage following a report? - this is the crux

It was first reported in July and again 12 days ago (and this is only what I can find publicly), my interpretation of the guidelines is they have 5 days based on subjective severity of damage or potential for same (8" deep on a NSL, unlit road favoured by cyclists, motorcyclists etc.) and location (a link between between villages)?

Blown2CV

28,786 posts

203 months

Sunday 23rd November 2014
quotequote all
if they are refusing from the start, then it will take months maybe years even if you end up getting the money. You need to get it fixed first, not wait for the council to pay.

MrBarry123

6,027 posts

121 months

Sunday 23rd November 2014
quotequote all
Blown2CV said:
MrBarry123 said:
Blown2CV said:
MrBarry123 said:
Blown2CV said:
yes but you need to prove that
Raise a FOI request on the council on complaints regarding pothole damage on that particular road?
which is what i said in the post above yours. You'll need 3 FOI requests and that's just for starters.
You're fantastic. There's no point me suggesting anything because you've already done it.
well there is no point in suggesting the same thing back to me that I'd just said, no.
You're right. Kiss and make up?

kiethton

Original Poster:

13,892 posts

180 months

Sunday 23rd November 2014
quotequote all
Not ideal....

Can credit card interest be added to any claim/hire car fees?

thelawnet

1,539 posts

155 months

Sunday 23rd November 2014
quotequote all
kiethton said:
Not ideal....

Can credit card interest be added to any claim/hire car fees?
You can claim for whatever you like, doesn't mean you'll get it, but it can alter the balance of your negotiating position (for better or worse).

kiethton

Original Poster:

13,892 posts

180 months

Sunday 23rd November 2014
quotequote all
just stumbled across this which may add some further weight....

(can you tell I'm pissed off, haha)

It turns out that a number of the holes were reported as 'many potholes, marked for repair, forgotten' which ties in with the faded red paint....

This also ties in with another of the bartenders in the pub saying it'd been there for years...

thelawnet

1,539 posts

155 months

Sunday 23rd November 2014
quotequote all
Just send them a letter, wait 2 weeks, then submit the claim online. Costs about £30 to submit, so you've got very little to lose really.

kiethton

Original Poster:

13,892 posts

180 months

Saturday 16th May 2015
quotequote all
Well to add some closure it's now resolved, received a cheque for my total costs, less about £20 last week.

Didn't have to push too hard, council demanded the most obscure bits of documentation in what seemed like triplicate and then passed them onto a contractor to settle liability.

When it was seeming like time to chase them up as it had been a good month waiting, the cheque came through the post....result!

Only slight thing is that a recent service revealed the rear alloy is bucked also, not ideal and likely done at the same time but wasn't picked up when the other was being sorted...guess it's going to happen again sooner or later though an I can deal with that then...

maurauth

749 posts

170 months

Saturday 16th May 2015
quotequote all
What a saga, did you get credit card interest paid for you in the end?

kiethton

Original Poster:

13,892 posts

180 months

Saturday 16th May 2015
quotequote all
I didnt, when filling out the claim form as I didn't know when it would be settle I was unable to quantify it, was more interested in just getting my costs back tbh