Claiming Damages from Council

[jam1et]

My mate in Scotland drove over a damn great pothole on a public road in his BMW coupe and burst the tyre. Took it to dealer to get tyre replaced and turns out he's damaged the wheel and the suspension. He needs new alloy and wishbones as well as the tyre. Total dealer price : £1200

Would he stand any chance of claiming this back from the local council? He has taken photos of the area but has no independent witness other than his cousin who was in the passenger seat.

[streaky]

Councils have a duty to maintain the roads. Collect the evidence and sue 'em - Streaky

PS - the damn shame of it all is that the rate payers will have to stump up for the damages (having already paid to have that road properly maintained) and for the Council's costs in defending the case - S

[rebelstar]

A friend of mine successfully got money from the council after he burst a tyre on a broken cats eye. He wrote a letter, including photos of the road and tyre damage and they stumped up with no fuss.

[busa_rush]

Just get the evidence *before* you make a claim or they'll fix it and claim you're mistaken.

[hertsbiker]

hmmm. 2nd post I have to write the same answer: buy a 4x4.....

[mybrainhurts]

I believe some councils have been paying so much in compensation, they've been told to contest claims more vigourously.

It follows you must press your claim with more vigour..........

[todiddly]

Sad but true.. most Councils, certainly all Councils in London have a contingency fund to pay out for claims as it's cheaper than repairing the roads

[Tafia]

mybrainhurts said:

I believe some councils have been paying so much in compensation, they've been told to contest claims more vigourously. It follows you must press your claim with more vigour..........

This is why many pavements in Liverpool have been Tarmacadamed. Stops the, "Broke me bleedin' leg when I tripped on a flag lad" type claim

"Aarh hey lar, claim off der Corpy. ( Corporation or Council)

Then there was the story of the lad who broke his leg playing Sunday football and got his mates to help him in to work at Ford's where he promptly "slipped" on a patch of oil he had just put there.

Anudder claim.

When you take the picture of the pothole, put a copy of today's paper beside it to prove the date.

[Don]

Where did this happen?

Last year (June) I hit a pot-hole filled with water on the A82 and it burst BOTH passenger side tyres on my Boxster S. The front wheel was marked as well.

The car was stuck for an hour or two whilst the rescue service arrived. During this time four or five other cars got burst tyres!!!

So I photographed my car, the pothole, the pothole with a car next to it so you could get the scale, photographs of other cars getting punctures, photographs of the hundred or so wheel trims lying around the road where they had been broken by the impact etc.

I got receipts for the two new tyres, and an estimate from Porsche for the new wheel.

I submitted the lot with the names and addresses of the recovery garage who helped me (as witnesses) to Bear Scotland (who maintain the Highways) and the passed it on to the Scottish Executive - who wrote to me saying they are considering my claim.

Haven't heard a thing since...so in the New Year I'm going to stir 'em up and see where its going.

The total of my claim is around what your mate will need to do.

You pay your road tax - you are supposed to be able to use the roads - MAKE A CLAIM - as it acts as a incentive for councils/authorities to DO THEIR JOB.

[haggishead]

The Council (or the Scottish Exec) have two choices:

1. Contest it the moment you write to them - ie teams of lawyers, court costs, possibility they might lose; or

2. Forget about it, and hope that you do too, in the knowledge that some will simply not pursue their claim further. This frees up resources to contest only the determined claimants.

Which option do you think they find most attractive?

If you've left it since June and heard nothing, you should maybe think about getting them to take you a bit more seriously.

[hedders]

Wouldn't it be worth paying for a solicitor to write them a letter warning them what will happen if nothing is done? For £40 or so it gives the impression you are eager to sue them

I did this once and was very impressed by how well it worked...



>> Edited by hedders on Thursday 1st January 11:04

[JMGS4]

Don't forget to stress the fact that the council/county endangered your life by having the road in such a condition. Make sure your solicitor puts a lot of weight on this......this should ensure that the council/county pay up promptly.... not forgetting damages for the "pain" and "stress" after the event...and loss of income etc 'kin lazy council barstewards......
Won a case in 1968 against Bristol CC for a pothole on the Centre which threw me off the motorbike and bent my front forks and wheel....(couldn't see it due to poor street lighting) didn't sue them for the banged knee, but they paid after a hefty letter from my solicitor.....

[hedders]

And don't forget to charge them for the phone you dropped in your beer when it happened!

[Roadrage]

Don said:

Where did this happen? Last year (June) I hit a pot-hole filled with water on the A82 and it burst BOTH passenger side tyres on my Boxster S. The front wheel was marked as well. The car was stuck for an hour or two whilst the rescue service arrived. During this time four or five other cars got burst tyres!!! So I photographed my car, the pothole, the pothole with a car next to it so you could get the scale, photographs of other cars getting punctures, photographs of the hundred or so wheel trims lying around the road where they had been broken by the impact etc. I got receipts for the two new tyres, and an estimate from Porsche for the new wheel. I submitted the lot with the names and addresses of the recovery garage who helped me (as witnesses) to Bear Scotland (who maintain the Highways) and the passed it on to the Scottish Executive - who wrote to me saying they are considering my claim. Haven't heard a thing since...so in the New Year I'm going to stir 'em up and see where its going. The total of my claim is around what your mate will need to do. You pay your road tax - you are supposed to be able to use the roads - MAKE A CLAIM - as it acts as a incentive for councils/authorities to DO THEIR JOB.

dont bother m8 will take years if you wait for councile to sort there try and delay it.

with that evidence you got

just send em a bill in writing telling they got 14 days to pay up or your take it to court.

if they dont pay go down the county court and fill the form in pay the small fee and wait for the cash.

saves alot of pissing around.

>> Edited by Roadrage on Thursday 1st January 12:56

[Don]

Yep. Come the New Year I will be jollying them along. If they don't play fair then it will be a solicitor's letter and small claims court (because I can at least get 1K back through those means...)

jam1et: Your mate should still have a go. Its his duty as a citizen to encourage Government to do its flippin' job...

[kevinday]

Don said:

If they don't play fair then it will be a solicitor's letter and small claims court (because I can at least get 1K back through those means...)

Small claims court is up to £5K

[g_attrill]

It's dead easy to sue in the small claims court these days. Don't bother with a solictors letter, just send a recorded delivery letter repeating the basics of your claim giving a time limit (14 days) and then follow up with your court claim. You can even file it online: www.moneyclaim.gov.uk/

Gareth


>> Edited by g_attrill on Friday 2nd January 17:10