Claiming for pothole damage
Claiming for pothole damage
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Nigel_O

Original Poster:

3,585 posts

242 months

Sunday 14th January 2018
quotequote all
Has anyone successfully claimed from a highways authority for pothole damage?

I burst a front shock absorber on the way into Birmingham on Saturday - I'm even more annoyed as the repair team was parked 100 yards earlier, filling in a small pothole, while the enormous one I hit wasn't even marked. It's filled in today though, so I assume I was just unlucky with my timing - half an hour later and it would have been filled.

I can imagine that the correct approach has a lot of bearing on the chances of success

Yipper

5,964 posts

113 months

Sunday 14th January 2018
quotequote all
Read and use this.

Tells you everything.

Good luck.

https://www.moneysavingexpert.com/travel/pothole-c...

dmsims

7,341 posts

290 months

Sunday 14th January 2018
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Yes: I claimed for 2 tyres and suspension parts against North Somerset on the A38

Check to see if anyone has reported it before on: https://www.fixmystreet.com/

Also check Council's website for a form (or ring and ask) - apparently if they have one already a successful claim is more likely

The Rookie

286 posts

220 months

Monday 15th January 2018
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My son has just had a claim settled for a wheel, tyre and tracking - total just over £900 (Golf GTi on 19").

It helps if you can show negligence, so were the council aware (or should they reasonably have been aware) of the pothole, many have online reporting portals you can check for previous reports (in my sons case there were two reports already), or you can do an FOI request fr reports AND the details of their last check and compliance with their own checking process.

Stoofa

959 posts

191 months

Monday 15th January 2018
quotequote all
I'm 1-1 on claiming for such damage.
Lost a tyre about 5 years ago. Council were very quick to pay-up without so much of a fight.
Last year I lost a tyre and after going through all the various steps I just gave up and bought myself the tyre. They did send me inspection records, however the pothole was a foot away from some Water works (which were fenced off).
I am convinced that either:
1. The water company caused the damage
2. The workmen working on these works kind of had a "duty of care" to report the damage even if they didn't cause it - after I lost the tyre me inspection of the pothole showed it couldn't be missed (except int he dark, when I did).

Letter to the council and the water firm in question fell on deaf ears, so I gave up - wasn't worth any more of my time for £105.
Anyway, good luck.

Nigel_O

Original Poster:

3,585 posts

242 months

Monday 15th January 2018
quotequote all
After having to play at Sherlock to find a phone number for Birmingham City Council, I then got passed around a bit, but eventually got to speak with the claims department at Amey

A form is on its way out to me to submit a claim

I'm guessing that was the easy bit....

I need to decide how much to claim for - although the car (Alfa GT diesel) is high mileage and ten years old, the suspension was replaced a couple of years ago. I'm of the opinion that shocks should be replaced as a set (or at the very least, as a pair).

I'm not going to insist on genuine Alfa parts, otherwise the price would be £600+ for parts alone, just for a pair of front shocks. I'm happy to have decent aftermarket parts fitted - total cost for all four is going to be about £350 plus fitting

Fingers crossed....

Edited by Nigel_O on Wednesday 15th August 06:33

dmsims

7,341 posts

290 months

Monday 15th January 2018
quotequote all
Submit the receipts for when the suspension was replaced

Pothole

34,367 posts

305 months

Monday 15th January 2018
quotequote all
Nigel_O said:
Fater having to play at Sherlock to find a phone number for Birmingham City Council, I then got passed around a bit, but eventually got to speak with the claims department at Amey

A form is on its way out to me to submit a claim

I'm guessing that was the easy bit....

I need to decide how much to claim for - although the car (Alfa GT diesel) is high mileage and ten years old, the suspension was replaced a couple of years ago. I'm of the opinion that shocks should be replaced as a set (or at the very least, as a pair).

I'm not going to insist on genuine Alfa parts, otherwise the price would be £600+ for parts alone, just for a pair of front shocks. I'm happy to have decent aftermarket parts fitted - total cost for all four is going to be about £350 plus fitting

Fingers crossed....
Why is the total cost for all 4 relevant?

rgw2012

605 posts

166 months

Monday 15th January 2018
quotequote all
thumbup
Nigel_O said:
Fater having to play at Sherlock to find a phone number for Birmingham City Council, I then got passed around a bit, but eventually got to speak with the claims department at Amey

A form is on its way out to me to submit a claim

I'm guessing that was the easy bit....

I need to decide how much to claim for - although the car (Alfa GT diesel) is high mileage and ten years old, the suspension was replaced a couple of years ago. I'm of the opinion that shocks should be replaced as a set (or at the very least, as a pair).

I'm not going to insist on genuine Alfa parts, otherwise the price would be £600+ for parts alone, just for a pair of front shocks. I'm happy to have decent aftermarket parts fitted - total cost for all four is going to be about £350 plus fitting

Fingers crossed....
You will be wasting your time trying to justify claiming for anything that wasn't damaged directly as a result of this incident ie any more shock absorbers than were damaged (regardless of any held views that they should be replaced as a pair or set - you will have to meet any funding requirements as a result of those views/best practices).

I would suggest your best chance of success is to undertake the repairs and provide the receipts for the parts relevant to the incident related failure. You will end up out of pocket as a result of the incident (potentially labour costs and any ancillaries) but hopefully that loss will be mitigated for you, to a reasonable extent, by getting recompense for the bits that got damaged.

Good luck OP

Nom de ploom

4,890 posts

197 months

Monday 15th January 2018
quotequote all
I'm going to be doing this in Leeds - massive pothole in Morley last month as soon as i hit the EML came on - daignosis was damaged HP fuel pump fixings so needed sorting as well as a damaged front OS brake caliper.

those two items alone were £735.


Gribs

475 posts

159 months

Monday 15th January 2018
quotequote all
Nom de ploom said:
I'm going to be doing this in Leeds - massive pothole in Morley last month as soon as i hit the EML came on - daignosis was damaged HP fuel pump fixings so needed sorting as well as a damaged front OS brake caliper.

those two items alone were £735.
I'm confused as to how a pothole could damage a brake caliper.

As an aside though councils have a duty to maintain the roads, when cars came with sensible high profile tyres I'm guessing there were far less claims.

TwigtheWonderkid

47,877 posts

173 months

Monday 15th January 2018
quotequote all
Gribs said:
As an aside though councils have a duty to maintain the roads,
Within reasonable perimeters.

xjay1337

15,966 posts

141 months

Monday 15th January 2018
quotequote all
TwigtheWonderkid said:
Within reasonable perimeters.
If it damages your car it's not reasonable!

7795

1,071 posts

204 months

Tuesday 16th January 2018
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As before yes I have against Wandsworth Council.

- Take as many photos as you can with an item to show the scale
- Check if it has been reported before as above
- Find a witness if you can
- Be prepared to wait/be patient as they will stall as much as possible
- Don't accept the first offer they send you

My understanding at the time was if it has not yet been reported it is hard to claim. If it has been reported and not fixed in a certain amount of time the claim is a lot easier.

I was asked to get two estimates from "proper" garages and they paid out on the cheapest (front rim, 2 x tyres).

Be prepared for the computer says no mentality and to be treated like something they have trodden on...

rscott

16,923 posts

214 months

Tuesday 16th January 2018
quotequote all
Be prepared for them to reject it though - Essex County Council claimed this wasn't dangerous and didn't need urgent repairs. They'd been aware of it for over 3 months, but still denied a claim (not me - other half went through it).


TwigtheWonderkid

47,877 posts

173 months

Tuesday 16th January 2018
quotequote all
xjay1337 said:
TwigtheWonderkid said:
Within reasonable perimeters.
If it damages your car it's not reasonable!
If a pothole develops at 9am, it is not reasonable to expect the council to have fixed it by 9:05 when you hit it.

Nigel_O

Original Poster:

3,585 posts

242 months

Tuesday 16th January 2018
quotequote all
TwigtheWonderkid said:
If a pothole develops at 9am, it is not reasonable to expect the council to have fixed it by 9:05 when you hit it.
In my case, I'm safe, as the road repair team were already working on potholes further up the road - they just hadn't got to the huge one that I hit.....

anonymous-user

77 months

Tuesday 16th January 2018
quotequote all
Nigel_O said:
TwigtheWonderkid said:
If a pothole develops at 9am, it is not reasonable to expect the council to have fixed it by 9:05 when you hit it.
In my case, I'm safe, as the road repair team were already working on potholes further up the road - they just hadn't got to the huge one that I hit.....
This one has been here about 6 hrs so far today. smile


CAPP0

20,464 posts

226 months

Tuesday 16th January 2018
quotequote all
TwigtheWonderkid said:
Gribs said:
As an aside though councils have a duty to maintain the roads,
Within reasonable perimeters.
Geographical perimeters?

ging84

9,548 posts

169 months

Tuesday 16th January 2018
quotequote all
CAPP0 said:
Geographical perimeters?
no the extent of thier responsibility

They don't have to maintain all roads to an aircraft runway standard, just keep them reasonably safe an useable

one man's dangerously unsafe pot hole is another man's shut the fk up you whiny prick you are lucky to live in a country with tarmac on all the roads.

Several years ago there was a bit of hay day for pot hole claims, but councils have since tightened up thier records keeping and thier claims polices so it is much harder to claim.