How do I claim against pothole damage in Aberdeen?
Discussion
Don't know how much truth there is in this but seems plausable & came from a source I respect. ACC will apparantly do everything they can to fight claims as they have squandered all our money. Things are said to be different in the shire where they are said to have funds set aside for pothole claims.
I have a claim going through their insurers anti-claim excuses at present. Basically I damaged an alloy in a pothole which I didn't see to avoid due to an unlit street lamp, but they seem to think it's my fault for not avoiding and want the intensity of my HID headlights checked to see if they are road worthy.......
My mother ripped a tyre completely off a rim with a pothole on the Inverurie to Oldmeldrum road. The next morning she went to photograph the hole and it was filled. She did try and claim from the council anyway but never got anywhere with it. I can imagine they have quite a few claims going on at the moment. Most of the holes are impossible to avoid.
Edited by Keith-P on Saturday 13th March 09:10
Very difficicult to be awarded compensation when the council adopt this attitude as a defence.
" The Council argued that if the profit margins of claims handlers ( a private firm) were reduced, it was likely that the insurance premiums paid by the council would be incresed"
Do a google search for Scottish Information Commissioner decisions xxx/2007
and there for all to see is the findings of a poor chap who submitterd a claim for pothole damage.
Use the Freedom of Information route BEFORE you make any claim.
It is important to have evidence, photos, dimensions and a witness if possible.
DO NOT make a claim until you have been provided with information because the council will treat your enquiry as claim and litigation will follow and they will withhold any and all information that you are seeking.
The roads are in a shocking state and in some cases not fit for purpose and were asked to pay road tax for the privelege.
I was very lucky.......
" The Council argued that if the profit margins of claims handlers ( a private firm) were reduced, it was likely that the insurance premiums paid by the council would be incresed"
Do a google search for Scottish Information Commissioner decisions xxx/2007
and there for all to see is the findings of a poor chap who submitterd a claim for pothole damage.
Use the Freedom of Information route BEFORE you make any claim.
It is important to have evidence, photos, dimensions and a witness if possible.
DO NOT make a claim until you have been provided with information because the council will treat your enquiry as claim and litigation will follow and they will withhold any and all information that you are seeking.
The roads are in a shocking state and in some cases not fit for purpose and were asked to pay road tax for the privelege.
I was very lucky.......
The council is responsible for damage caused by their lack of care of the roads unless its a trunk road in which case its the goverments responsibility. They have a duty of care and are responsible for damage cuased by there lack of care. They will tell you that they are nor responsible but if you challenge them they will pay up as long as you can prove that the damage was caused by their road. What you need is a letter from your garage to say that the damage was caused by impact, the tyre or wheel is damaged beyond repair and that you have picture of the offending hole.It also is helpful to say that you could not avoid the hole for some reason or other. We have helped owners often in their fight with Stirling Council. One owner had 4 wheels and tyres covered another a very expensive wheel and tyre which cost over £1500! Just make sure you challenge them on their duty of care. You may have to write three times or more as they often try to make you give up. Good Luck
Gassing Station | Scotland | Top of Page | What's New | My Stuff