Pothole punctured 2 tyres, council response.
Discussion
Just wondering if anyone else has had success with claiming for damage against the local authority for pothole issues.
My wife was driving along a narrow road and moved over to the left to allow a bus to get passed. She felt a dip in the road but carried on driving. The tyre warning light came on, she stopped, noticed a flat and rang me. I changed the wheel only to find front and rear near side tyres had popped, the front was new only a few weeks earlier.
I managed to get the tyres swapped and back on the road. We find the pothole location and see a painted marked area of pothole around 1.5 meters long, 0.5 meters at its widest and 30 to 40 mm deep.
I took photos and filled in all the paperwork to submit a claim for damage. Today a response arrived from the council to say that are dismissing the claim due to special defense contained in Section 58 of the highways act 1980. The repair was submitted on a 28 day basis and according to their records repairs were made in that timescale, if a 28 day notice is given then there should have been warning signs etc,
Looking at the potholes.co.uk site they seem to think that this is a standard response and give advice on how to progress the claim which we are doing.
Just miffed at £350 spent on tyres I didn't need because a massive hole was in the road.
Anyone else had similar issues?
My wife was driving along a narrow road and moved over to the left to allow a bus to get passed. She felt a dip in the road but carried on driving. The tyre warning light came on, she stopped, noticed a flat and rang me. I changed the wheel only to find front and rear near side tyres had popped, the front was new only a few weeks earlier.
I managed to get the tyres swapped and back on the road. We find the pothole location and see a painted marked area of pothole around 1.5 meters long, 0.5 meters at its widest and 30 to 40 mm deep.
I took photos and filled in all the paperwork to submit a claim for damage. Today a response arrived from the council to say that are dismissing the claim due to special defense contained in Section 58 of the highways act 1980. The repair was submitted on a 28 day basis and according to their records repairs were made in that timescale, if a 28 day notice is given then there should have been warning signs etc,
Looking at the potholes.co.uk site they seem to think that this is a standard response and give advice on how to progress the claim which we are doing.
Just miffed at £350 spent on tyres I didn't need because a massive hole was in the road.
Anyone else had similar issues?
If you really want to go for it, put in a request for documents relating to the reporting and repair of that stretch of road for the 12 months leading up to the incident. If they show that the pothole was indeed picked up by an inspection or reported to them and they effected a repair within a reasonable period (in this case 28 days) they have a defence under s.58
It's all down to reasonableness. The courts expect that the local authority are stretched both time wise and financially so allow them a reasonable time for inspections and repairs.
It's all down to reasonableness. The courts expect that the local authority are stretched both time wise and financially so allow them a reasonable time for inspections and repairs.
http://potholes.co.uk/stories/view/5973/Two_buckle...
Bear in mind though that each case is fact dependent.
Follow the step-by-step guide and let us know how you get on.
Bear in mind though that each case is fact dependent.
Follow the step-by-step guide and let us know how you get on.
Red Devil said:
http://potholes.co.uk/stories/view/5973/Two_buckle...
Bear in mind though that each case is fact dependent.
Follow the step-by-step guide and let us know how you get on.
Will do!Bear in mind though that each case is fact dependent.
Follow the step-by-step guide and let us know how you get on.
My county council, Kent, takes the approach that if it has been reported but not repaired, they'll consider payment. But they say if it's not been reported, how can they be responsible? Helpfully though, they do provide a website where you can check what's been reported.
I've not looked into it in any detail, but I'd have thought this approach would only be reasonable (if it is at all) if there's a regular checking and maintenance regime, and this is something you could ask for.
I've not looked into it in any detail, but I'd have thought this approach would only be reasonable (if it is at all) if there's a regular checking and maintenance regime, and this is something you could ask for.
40mm deep - was most likely more than that.
Anyway emergency repair at that depth and dangerous
I have claimed on that basis also asked for the last 2 years inspection records.
They have no defence if its caused that kind of damage and they have marked it for repair.
Go though your insurers or take them to the claims court.
Will need good photographs of the damage and also the cause of the damage.
Had 3 fully paid out claims in 6 years plus which included the charges for the repairs, tyres and alignment cost.
All depends on how you present your claim.
Anyway emergency repair at that depth and dangerous
I have claimed on that basis also asked for the last 2 years inspection records.
They have no defence if its caused that kind of damage and they have marked it for repair.
Go though your insurers or take them to the claims court.
Will need good photographs of the damage and also the cause of the damage.
Had 3 fully paid out claims in 6 years plus which included the charges for the repairs, tyres and alignment cost.
All depends on how you present your claim.
SVTRick said:
Had 3 fully paid out claims in 6 years plus which included the charges for the repairs, tyres and alignment cost.
Jeez. Are you just unlucky or do you go looking for potholes? 
I've only suffered one buckled wheel/blown tyre in the last 20 years and it entirely my fault.
Misjudged a corner at night and clipped a kerb which was hidden by overhanging grass.
SVTRick said:
40mm deep - was most likely more than that.
They have no defence if its caused that kind of damage and they have marked it for repair
If the local authority have identified the defect or had it reported to them and they've highlighted for a repair within a reasonable timeframe, they still have a s.58 defence of a reasonable system of inspection and/or repair. They have no defence if its caused that kind of damage and they have marked it for repair
Red Devil said:
Jeez. Are you just unlucky or do you go looking for potholes?
I've only suffered one buckled wheel/blown tyre in the last 20 years and it entirely my fault.
Misjudged a corner at night and clipped a kerb which was hidden by overhanging grass.
First the incident you had was your own fault clipping the kerb. bit different from finding a large hole in the surface.I've only suffered one buckled wheel/blown tyre in the last 20 years and it entirely my fault.
Misjudged a corner at night and clipped a kerb which was hidden by overhanging grass.
I have sustained severe impact damage to vehicles as a direct result of poor maintainance, all unlit but busy roads where the offending pot holes are right on the running line, pleased I was not on the bike.
Any defect deeper than 40mm is classed as emergency repair (Told this by an independent highways engineer)
SVTRick said:
First the incident you had was your own fault clipping the kerb. bit different from finding a large hole in the surface.
Was it really necessary to state the obvious?I didn't think I needed to spell it out that I have succeeded in avoiding severe impact damage to my wheels/tyres from potholes for the last two decades.
My hope that you would have been able to infer it from my post was clearly misplaced.
SVTRick said:
I have sustained severe impact damage to vehicles as a direct result of poor maintainance, all unlit but busy roads where the offending pot holes are right on the running line, pleased I was not on the bike.
Ah, so this happened on unlit roads. Is it possible that your vehicle's headlights weren't up to the task?A quick poll of the group I was with at the pub last night (12 people) revealed that only one had suffered a similar fate (once, and that was 5 years ago). All expressed surprise at your track record. Granted it was a small sample and is not proof of anything but it does make me wonder if there is something other than the road conditions to account for it.
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