Claiming For Pot Hole Damage
Discussion
Does anybody have any experience of making a claim from a local authority for damage due a pot hole? My car was damaged by a hole in South Cambridgeshire. I made a claim which has been rejected on the grounds that ‘the council are only liable if it can be shown that a full system of inspection and repairs is in place’. Apparently when they last inspected the road the hole was not noted although they did repair it the day after I reported it.
Even if I believe them it seems that they inspected the road but missed the hole so they are not liable!!!
Any help would be much appreciated.
Even if I believe them it seems that they inspected the road but missed the hole so they are not liable!!!
Any help would be much appreciated.
Not of making a claim, but a fair bit on the other side dealing with the claims handling of highways departments.
The last insurer I worked with estimated that 85% of all highways claims were rejected. But they do get paid. Often then claim handling is outsourced to an insurer, does make it slightly fairer.
Although it does depend on the council, and their budget at the time. It is sadly quite frequent that they will just pay claims instead of fixing roads, as it is cheaper or comes from a pot that has some cash in it.
Section 58 of the Highways Act 1980, places responsibility of the maintencace of the highways with the council. It does not however, mean they have to act instantly to fix a problem, nor that they have to inspect constantly. If they didn't know about something, then they are not liable.
Try to get a copy of the inspection schedule. Plus see if anyone in that area would give evidence if the hole has been around for a while (or has been reported).
There are obviously shades of grey, between a hole opening up right in front of your eyes and damaging your car (which you insurance should deal with) and a hole that has been there for months and the council can't be bothered to fix.
Worth noting that under about £250,000 liabilty claims are paid out of your rates, not by the insurance company.
The last insurer I worked with estimated that 85% of all highways claims were rejected. But they do get paid. Often then claim handling is outsourced to an insurer, does make it slightly fairer.
Although it does depend on the council, and their budget at the time. It is sadly quite frequent that they will just pay claims instead of fixing roads, as it is cheaper or comes from a pot that has some cash in it.
Section 58 of the Highways Act 1980, places responsibility of the maintencace of the highways with the council. It does not however, mean they have to act instantly to fix a problem, nor that they have to inspect constantly. If they didn't know about something, then they are not liable.
Try to get a copy of the inspection schedule. Plus see if anyone in that area would give evidence if the hole has been around for a while (or has been reported).
There are obviously shades of grey, between a hole opening up right in front of your eyes and damaging your car (which you insurance should deal with) and a hole that has been there for months and the council can't be bothered to fix.
Worth noting that under about £250,000 liabilty claims are paid out of your rates, not by the insurance company.
I got compensated for the loss of two tyres and an alloy wheel.
If you are bastard enough you can win. IMO it is your civic duty to do so. It punishes the council for not doing their job. It costs them in time and money. Maybe if enough people do it they will repair the roads more proactively and spend less on fecking speed humps.
If you are bastard enough you can win. IMO it is your civic duty to do so. It punishes the council for not doing their job. It costs them in time and money. Maybe if enough people do it they will repair the roads more proactively and spend less on fecking speed humps.
Best bet is to buy a steel ruler... toddle off with it (and a camera) to the location of pothole...insert ruler into pothole to show depth... photograph it...take an overhead shot to show span ...and another shot of damage caused by negotiating that pothole...get two independent quotes for repairs/replacement of damages...
Send the whole lot (keep copies) off the whoever is in control of the roadway with your claim.
That worked for me on a couple of occasions.
Send the whole lot (keep copies) off the whoever is in control of the roadway with your claim.
That worked for me on a couple of occasions.
Whats to stop a council telling evryone that the hole they are reporting hasn't previously been notified even if it has.
A system wide open to abuse.
The alternative is to take a picture of any holes around your area. report them all to your council and then get your mate to drive into them all claiming massive damages each time..
A system wide open to abuse.
The alternative is to take a picture of any holes around your area. report them all to your council and then get your mate to drive into them all claiming massive damages each time..
mark69sheer said:
Whats to stop a council telling evryone that the hole they are reporting hasn't previously been notified even if it has.
A system wide open to abuse.
It is regularly audited. As are the inspection schedules. A system wide open to abuse.
mark69sheer said:
The alternative is to take a picture of any holes around your area. report them all to your council and then get your mate to drive into them all claiming massive damages each time..
Or a "good career" as the people in West Yorkshire call it Noger said:
mark69sheer said:
Whats to stop a council telling evryone that the hole they are reporting hasn't previously been notified even if it has.
A system wide open to abuse.
It is regularly audited. As are the inspection schedules. A system wide open to abuse.
Don said:
I got compensated for the loss of two tyres and an alloy wheel.
If you are bastard enough you can win. IMO it is your civic duty to do so. It punishes the council for not doing their job. It costs them in time and money. Maybe if enough people do it they will repair the roads more proactively and spend less on fecking speed humps.
Agree you should go the money, but it teaches the council nothing. They do not care, and if it costs too much time and money they will just use this as an excuse to employ more superficial and unecessary bureaucrats.....all funded by the taxpayer, all more 'good' excuses to put council taxes up.If you are bastard enough you can win. IMO it is your civic duty to do so. It punishes the council for not doing their job. It costs them in time and money. Maybe if enough people do it they will repair the roads more proactively and spend less on fecking speed humps.
That is how an ineffective public body works. Ineffective for us, that is - highly effective for them and the government. ( More silly jobs = less unemployment )
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