Road causing damage to vehicle
Road causing damage to vehicle
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Discussion

Psychobert

Original Poster:

6,318 posts

285 months

Sunday 12th December 2004
quotequote all
I'm sure this has been asked a hundred times, but after a quick search I can't find it..

Hit a seriously large pothole immediately infront of a speed bump about a week and a half ago, by seriously large I mean deeper than a packet of fags which was all I could find to hand when I just popped back to take a couple of photos. Didn't see it as it was dark, raining and the thing was full of rain water. I know the road so was expecting the speed bump and wasn't going very quickly having only just gone over a large speed bump that requires 1st gear and a swerve over the road to not loose the exhaust.

Having just got the car back from having a new bonnet put on, I know the front end was fine as its just had a lot of work done to it. I now have a bent wishbone, knackered spring and I'm told the shock will need replacing. Thats on top of the pipe whearing off at the manifold, due to grounding out at the same time. Thats going to cost and I think I ought to have a claim on the council/owner of the road, (it might be a private road owned by one of the houses along it).

Amy idea if I do have a claim and how to go about it?

parrot of doom

23,075 posts

263 months

Sunday 12th December 2004
quotequote all
Take a picture of ithe road RIGHT NOW.

Then contact your local council. They should cover the damage. Make sure you get a garage to give you a full estimate of the damage (and tell them not to be shy).

>> Edited by parrot of doom on Sunday 12th December 16:59

GreenV8S

31,017 posts

313 months

Sunday 12th December 2004
quotequote all
From previous posts on this subject I've got the impression that the council are only liable if they had been told about the pot hole previously and neglected to fix it within a reasonable time.

Pies

13,116 posts

285 months

Psychobert

Original Poster:

6,318 posts

285 months

Sunday 12th December 2004
quotequote all
Thanks.. I'll check out and report back..

Lousy photos from my phone, but this is the best I could do at the time. Couldn't see a pound coin when I put it in the photo for a reference so thats a packet of fags I found discarded by the side of the road. Strikes me this is a pretty big hole..



spaximus

4,365 posts

282 months

Sunday 12th December 2004
quotequote all
thats not a hole, more like a shaft to me. strange road finish that one to say the least. Good luck in claiming.

john_p

7,073 posts

279 months

Sunday 12th December 2004
quotequote all
Get better photos if you can.. and bring a ruler. Definitely worth claiming though.

(The cynic in me would bring a can of white spraypaint and spray around it, to make it look like the council had marked it for repairs, but that's probably not playing ball)

seamus

1,053 posts

311 months

Monday 13th December 2004
quotequote all
Good luck The missus drove down a lane in very foggy conditions, keeping to her side due to oncoming traffic she was met with an almighty bang as she went into a pot-hole. This thing was 4 feet long, 1 foot wide and approx 8 inches deep, it bent the alloy and knackered the tyre which cost £200 for the alloy and a further £50 for the tyre, plus a day off work for me to get it done so that she could use it without a namby space saver wheel for eternity.. I then wrangled with the highways agency over it for months who managed to squirm their way out of it as you have to prove they either:

A) Knew about the damaged part of road prior to the accident.
B) Had not 'serviced' the road within the last year.

Of course they produced a fictitious form confirming they had done repairs within the year.. infact within 3 months.. now how does a pot-hole get that big in that time for a minor use road.. to top it off a mate subsequently got a puncture on the same stretch a year or so later - they claimed again they had inspected it within the year.. although I knew this was rubbish as I had called them a month before advising of pot-hole issues and was told they had no funds to repair.. should have sent a letter! Total bollacks... you can try taking them to court but I am led to believe those cases rarely win due to the amazing get out of jail form and if you lose you pay the costs.

JMGS4

8,931 posts

299 months

Monday 13th December 2004
quotequote all
Send the council an invoice with all photographic evidence with 10 days to pay...if they delay then small claims court....did that in 1968 against Bristol Council and won large pothole on the Centre which threw me off the motorbike and bent my front forks and wheel..... also claimed damages which were not approved although I did have a knackered knee....

Don

28,378 posts

313 months

Monday 13th December 2004
quotequote all
Right.

I successfully made a complaint to the Scottish Executive and got paid for two brand new Michelin Pilot Sport 18"ers and a Sport Design (GT3) 18" wheel for my Boxster.

Key things are:

1) Evidence.

Did you get RAC/AA recovery at the time? Get them to write a letter confirming that it happened, where you were picked up etc

Photograph the hole. Photograph the damage to the car.

Its a shame you didn't get pics of the car by the hole etc but there you go.

2) Write up your claim. Do it very carefully. State who the WITNESSES are (RAC/AA/passers by/ you passenger). Date/Time etc. Include photographs. Include copies of all your pictures. Include copies of all your reciepts and state they can have the originals on request.

Photocopy EVERYTHING you send to them and file it away with dates/times sent. They will "lose" your letter and evidence on a whim - you need to be able to back it up.

When your claim is being considered they will write to you to ask how old the parts were that needed replacing. Be honest - but be aware they will be negotiating for a lower price. In my case all the bits were brand new as the car was brand new - bummer for them!

Be prepared for the whole thing to take up to a year. But in the end - if you are canny, document EVERYTHING, and have a strong watertight case you WILL get your compensation.

BTW: It is your CIVIC DUTY to dish out a spanking to councils who spend their road repair budget on traffic calming insetad of fixing potholes. Perhaps when their entire budget is being consumed by claims they will start taking preventative action like they bloody well should....

Best of luck.

BliarOut

72,863 posts

268 months

Monday 13th December 2004
quotequote all
Bear in mind my council, Peterborough, a reasonable sized city of about 150,000 occupants has just been awarded it's annual budget for 2006/7 by Nu Labia.

£300,000. That's it for a whole year. That's to repair everything, the lot! That's down from a paltry £1.3 million. Can you see them fixing the roads, ever?

We (the residents of Peterborough) pay this lot around 5.6 million in road tax alone. Sue the feckers and bleed them dry, perhaps than and only then when the whole thing breaks down will something be done about the financial buggery the average motorist currently faces.