Council Claims
Author
Discussion

X7LDA

Original Poster:

940 posts

227 months

Monday 8th November 2010
quotequote all
Has anyone claimed car damage with the council due to the state of the roads?

I know I need to take pictures etc of the offending pothole and potentially report it first before claiming so I will sort this out - however I hit a right big fker last night and sounds like the suspension on the front of my Exige is now damaged.

Still to get it checked out but if it is what I think it is i'll be chasing the council for the dosh - even if it takes years!

Sick fed up of the awful state of the roads.

Mr Trophy

6,811 posts

226 months

Monday 8th November 2010
quotequote all
My tyre burst last week due to going over a pothole, not even going to claim because I have heard it's a fking nightmare!

X7LDA

Original Poster:

940 posts

227 months

Monday 8th November 2010
quotequote all
I heard it's a lengthy process as well but i'm in that "I don't care I'll presue them until I die" mood...!! Sorry about the tyre, at least the wheel wasn't damaged!

Malx

871 posts

227 months

Monday 8th November 2010
quotequote all
I'd get back quick to get a photo taken. I blew a tyre a few months ago on a pot hole. I returned within a couple of hours to get a picture and the sods had filled it.

onlynik

4,118 posts

216 months

Monday 8th November 2010
quotequote all
I got bored with my process, had to fill in forms and send photos and then the council claimed it wasn't their responsibility and another 3rd party I had to contact, they then wanted to see inurance details to check I hadn't claimed plus photos and took so long I gave up. Unless yo uhave a lot of time to spare it just isn't worth it.

paulqv

3,124 posts

218 months

Monday 8th November 2010
quotequote all
Photos are not enough
You need to measure the width and depth of the hole.
Take pics from various angles and distances away
If it is near a house or shop ask how long it has been like that and if they know of other accidents
Ask the council for their repair records for that particualr area. they are meant to carry out regular inspections
Ask them if other claims for that hole
Finally be prepared to raise proceedings against them as they will invariably deny liability or hope you go away
The Reality is they are 'self insured' ie they pay the money themselves and it's cheaper for them to have claims than carry out repairs! Most Councils are very hard up just now and not sheduling many road repairs
Best idea if there is a valid claim, intimate and if not dealt with raise a samll claims action against them yourselves

Paul

m44ttg

23 posts

238 months

Monday 8th November 2010
quotequote all
I seem to recall seeing some recent stats indicating that local councils had paid out to only around 1% of all claimants.
Has ANYONE reading this forum successfully received compensation from their local council for damage done to their vehicle due to poor road surface?
If so, some details would be interesting, like, which council, damage done, amount claimed/received etc?

5 In a Row

2,156 posts

250 months

Monday 8th November 2010
quotequote all
I tried to claim off BEAR when I hit a bad pothole on the M90 (it was a few that I hit in the dark actually) last year and got absolutely nowhere.

You can't really go running around photographing and measuring potholes on the motorway.

6C4GTS

5,186 posts

201 months

Monday 8th November 2010
quotequote all
I successfully claimed for a wheel refurb and a new tyre: see recent thread here..
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
Only point of contention was that they would only pay part of the tyre price as it had been used prior to the event - which is fair.

Mr Trophy

6,811 posts

226 months

Monday 8th November 2010
quotequote all
X7LDA said:
I heard it's a lengthy process as well but i'm in that "I don't care I'll presue them until I die" mood...!! Sorry about the tyre, at least the wheel wasn't damaged!
It's a nightmare. Especially when my tyre costs £180 for a new one!

paulqv

3,124 posts

218 months

Monday 8th November 2010
quotequote all
Perhaps i should have explained it this way:
Because an accident happens or damage is caused doesnt mean someone else is at fault.
If you hit a pothole and damage your vehicle it is up to you to establish:
1 It happened
2 What your losses are
3 That the council or whoever is liable. To establish liabilty you need to prove:
the hole was of such a size depth etc that it was likeley to cause damage to a car and that any reasoble system of inspection would have identified that. For pothole damage to a car i would say about 3'' deep; that it has been in existance for such time that any reasonable system would have identified it and had it repaired within a reasonable time of its identification.
Now read my earlier post!!
Hope this makes sense now!
Paul
xx

SB10

558 posts

189 months

Monday 8th November 2010
quotequote all
See my topic here http://www.pistonheads.com/gassing/topic.asp?h=0&a... Claims, Glasgow members..

Just logged the complaint with them after taking plenty of photos at the weekend so they didnt get the chance to cover it up smile