HELP ...I HIT A POTHOLE!
Discussion
Hi, I was wondering if anyone could help me. I recently hit a HUGE pothold in my area (Ealing, London) causing over £4,000 worth of damage to my car!
After repairing the car, I was told that I could try to claim this money back from the local council, which ive tried.
I filled in all the forms, sent the all the recipts, and showed them all the pictures.
They sent the case to thier claims adjusters, who eventually wrote to me saying liability is denied on behalf of London Borough of Ealing.
They say that the Council have to maintain the roads to a reasonable standanrd, however, this liability is not strict! A defect can arise within a short period of time which they can do nothing to prevent.
They check the roads once a month, and say that the defect must have arisen in-between thier monthly inspection.
They then reminded me of my right to seek independent legal advice in respect of thier decision.
Surely this is wrong? The pot-hole was there for two weeks! We all pay road tax, and for that reason alone, its not my responsibility to maintain the roads!
Im sure everyone around London is sick of dodging potholes all day long! So please, if anyone can help, let me know what I can do!
Cheers, John.
After repairing the car, I was told that I could try to claim this money back from the local council, which ive tried.
I filled in all the forms, sent the all the recipts, and showed them all the pictures.
They sent the case to thier claims adjusters, who eventually wrote to me saying liability is denied on behalf of London Borough of Ealing.
They say that the Council have to maintain the roads to a reasonable standanrd, however, this liability is not strict! A defect can arise within a short period of time which they can do nothing to prevent.
They check the roads once a month, and say that the defect must have arisen in-between thier monthly inspection.
They then reminded me of my right to seek independent legal advice in respect of thier decision.
Surely this is wrong? The pot-hole was there for two weeks! We all pay road tax, and for that reason alone, its not my responsibility to maintain the roads!
Im sure everyone around London is sick of dodging potholes all day long! So please, if anyone can help, let me know what I can do!
Cheers, John.
As a cyclist, I've trashed a couple of wheels on pot holes, neither of which I managed to get reimbursed. Unless someone reports a pot hole, on which a council fail to repair, they simply claim 'it was alright last time we looked'.
If you see a pot hole, I'd recommend you report it in the future.
If you see a pot hole, I'd recommend you report it in the future.
You have admitted your liability in knowing that the pothole was there for two weeks...
The standpoint taken by the local authority is 'You were not driving to the conditions of road'. You knew of the existance of the pothole and hit it at a speed that is likely to cause damage to your car, hence you are liable.
I know all this as a friend of mine has gone through this escapade recently and I was in the position where I was able to talk to the highways dept to find out exactly how these things work and get a little inside information.
The debate has two main points:
- Every claim gets paid, the money for that has to come from somewhere so Council Tax goes up or other services are cut to pay.
- Why don't they fix the roads in the first place so that this doesn't happen?
Both points have merits and they can be discussed forever, but if you want to make a difference then become an MP to make a change to how your council is run, and perhaps you can claim for the damage on expenses???
The standpoint taken by the local authority is 'You were not driving to the conditions of road'. You knew of the existance of the pothole and hit it at a speed that is likely to cause damage to your car, hence you are liable.
I know all this as a friend of mine has gone through this escapade recently and I was in the position where I was able to talk to the highways dept to find out exactly how these things work and get a little inside information.
The debate has two main points:
- Every claim gets paid, the money for that has to come from somewhere so Council Tax goes up or other services are cut to pay.
- Why don't they fix the roads in the first place so that this doesn't happen?
Both points have merits and they can be discussed forever, but if you want to make a difference then become an MP to make a change to how your council is run, and perhaps you can claim for the damage on expenses???
Edited by forty-two on Sunday 14th June 19:00
It is a joke, i hit a pothole in the Blackwall Tunnel last November, buckling a wheel, damaging suspension, drop links and a few other bits.
Took me over a month to work out it was TFL i needed to claim against. If they'd paid out immediately i would have accepted £500, but 8 months later i am still waiting for them to accept liability. I have bluntly refused to get the car fixed because i know they will then refuse to pay.
I have now had to threaten them with the small claims court, and they have accepted that they have 28 days to resolve the issue. Apparently they are STILL waiting for a Highway Agency report.
Do not give up, just keep on pushing them, they will drag it out as long as they possibly can in the hope you get bored, but don't let it slip, annoy the hell out of them till they pay out.
Took me over a month to work out it was TFL i needed to claim against. If they'd paid out immediately i would have accepted £500, but 8 months later i am still waiting for them to accept liability. I have bluntly refused to get the car fixed because i know they will then refuse to pay.
I have now had to threaten them with the small claims court, and they have accepted that they have 28 days to resolve the issue. Apparently they are STILL waiting for a Highway Agency report.
Do not give up, just keep on pushing them, they will drag it out as long as they possibly can in the hope you get bored, but don't let it slip, annoy the hell out of them till they pay out.
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