Claim against pothole in the road thats caused damage.

[///Mike]

I need some advice folks.

Basically I hit a huge pot hole a few weeks back that has caused damage to my car. It was very dark so I was unable to see the pothole that was basically caused by tarmac eroding around a grid after the big freeze.

There was oncoming traffic so it would have been unavoidable even if I had seen it which I didn't as it was a pitch black night and there is no lighting on the road in question.

I am furious that after checking the car (not well enough) I thought there was no damage but I have just noticed that it has buckled my front left wheel and there is a very slight bubble in the RTF.

I am going to go back up to the spot in a few minutes to see if the road has been filled in but the questions are 1. am I too late and 2. would I have a chance of claiming against it?

Its an M sport wheel and a new tyre so its not going to be cheap.

Any advice on this matter would be welcomed.

Thanks

Mike

[Percy Flage]

I doubt the pothole has the resources to pay any damages.

However, you might be able to claim against the council if the pothole had already been brought to their attention but they had done nothing about it.

[SimonV8ster]

Worth a go as I have heard others claiming and being successful.

[///Mike]

Well I have just found a site called potholes.co.uk and there is a reported section of large potholes right where my damage occurred.

The site gives advice on how to go about making a claim so if anyone else is in the same boat this appears to be a good resource.

Now I just need to get up there and hope that it has not been filled in. It was the 22nd of Jan that this occurred and the report on the site was from the 25th of Jan so I pray I can sort this out.

I specifically haven't used the road since because of the damn things.

[Magictrousers]

Slight hijack, I've just run into one myself, clumsy I know!

The Pothole I hit has a white ring around it, is this of any importance or significance?

I've knocked a lump out of the wheel and tyre!

[Percy Flage]

The white ring is the council's work, or whoever they sub the road repair work out to. Strengthens your claim against them, because it shows they are aware of the hole and have not repaired it.

[///Mike]

I was told last night by a friend that they will only pay out if they have been made aware of the hole and yet it has still not been filled in.

I went back yesterday to check my hole and they have filled it in.

Its very clear to see where its been filled in a shoddy fashion. I will give it a few weeks before its a massive hole again.

It measured 32" in width and 24" in length. I can no longer measure how deep it was but they have left all the contents of the old tarmac right next to it and there is lots of it. It felt like driving into a empty swimming pool tbh. I thought I had crashed the car!

I am going to start the long and laborious claim process this morning.

Edited by ///Mike on Wednesday 3rd February 11:14

[SimonV8ster]

Well at least they must have known about it as they have since got it fixed - this must back up your claim that it was known about ?

I'd get the claim in asap

[///Mike]

Claim has been in for a few weeks now, heard nothing!

Called to chase progress report today to be told that the young lady in question that was dealing with it was on holiday until next week and that there was no other person in the organisation that could help.

I can't wait for them to refuse my compensation though as I passed the spot again this morning to find that their 'repair' has failed miserably.

[1337n00b]

Fith Gear done a report on the problem of potholes and they got a lawyer to comment on the legalities of it. Might be worth trying to find it on youtube and watching it?

I don't think the council have to know beforehand because that's just silly. They have a duty to inspect and look after roads regardless.

Good Luck.

[///Mike]

Thanks for that I will check it out.

I have had a letter from some the insurer of the council to basically say that they acknowledge my claim and now the months of waiting begins.

I will be calling this young lady at the council again today. Hopefully she will be professional with me otherwise she is going to have a bad first day back!