Pot hole claim!

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Discussion

katty12

Original Poster:

2 posts

111 months

Monday 22nd December 2014
quotequote all
Hi guys, sorry if I posted onto the wrong area of the website (newbie on here).

My husband bought a new BMW in April 2014 and within the first three months he hit a pot hole. It cost us £600 in damages due to the irritating insurance excess fees. I have been fighting our council to get a refund for the pothole damage ever since (even threatened them with legal action) but have hit a brick wall as they have basically stated that they:

a) Inspected the road one month prior to the incident and claim the pothole was not deep enough at the time. I debate this because I find it hard to believe this particular piece of road deteriorated approximately 45mm during one month period (to make it meet their 'time to fix' standards, but cannot prove they are lying. I have grabbed weather reports from the time and and am struggling to use them as a case as on a few days during the month there was rain and a minus figure at night which would discount my argument immediately.

b) No one reported the pothole/road deterioration prior to the accident - This indeed seems the big issue. Has anyone successfully won agains their council either via letters/emails or court if no one reported the incident prior to it happening? Surely this cannot be a total stumbling block?

I am desperate to recoup the cost and get some justice for the damage they cost us. It seems crazy that they can just refuse when I have spent hours compiling evidence, measurements and pictures to prove the pothole needs mending. They mended it straight away once told.

Does anyone have any good suggestions of how to win? I have looked into taking the case via a small claims court but am concerned that they will use the arguments listed above and we will then be landed with their time and legal fees on top of our own, just to add further insult to the matter!!!

HELP!!!!! smile

xstian

1,966 posts

145 months

Monday 22nd December 2014
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Where are you from? Minus temperatures in July?


katty12

Original Poster:

2 posts

111 months

Monday 22nd December 2014
quotequote all
Ha ha!! smile

Ooops, wrote the dates wrong!

The accident happened in April. He must have bought the car in the three months before April (a bit earlier than I was thinking off the top of my head). Yup minus figures in the Midlands at night time smile