Pothole claim - proceeding to moneyclaim
Discussion
Hi all, a little help is possible as I've never had to issue a MCOL claim before, especially against a council.
Short is I was travelling down the road between Warlingham and West Wickham (still within Surrey) in March, a narrow road, no central divider and of a width where you have to stop in passing places to let larger vehicles past in my S2 Exige.
Unfortunately in one of the passing places was a pothole, no wheel or tyre damage as I stopped in it, but with the depth (18cm) it's damaged the underside of my clam/splitter:
Quotes have been sought and repair costs are ~£1,100 plus transport (~£200) and then reapplication of PPF ~£550 - forgot to add PPF reapplication to original quote. I won't need a hire car.
Claim documentation submitted through their portal and I waited the required 90 days without a response. I chased at the end of the 90 days without response and called 3 weeks later, again nobody was at their desks and I was promised a call back which never happened.
We are now ~5 months later, my car is still damaged and they are burying their heads in the sand.
Thankfully there were numerous reports of the holes over the preceding 18 months (fix my street), a friend's dad had wheel and tyre damage 3 months prior on the same specific pothole (I have his email in which they were notified and declined the claim as they said they didn't know) and the potholes were marked for repair (numbered in red paint) with the road fixed a few weeks after my incident.
Should be a fairly open and shut case as I can prove they knew about them and didn't fix within the required time frame, have failed to abide by their own reply obligations etc.
It's just the factor of claiming - I presume I need to name the council or should I include their insurers?
Is it a fairly straightforward process? - just need to get some proper transport quotes to add to the claim? - have 3 for damage repair, from £1100-1800, chose the cheapest.
Offending hole:
Short is I was travelling down the road between Warlingham and West Wickham (still within Surrey) in March, a narrow road, no central divider and of a width where you have to stop in passing places to let larger vehicles past in my S2 Exige.
Unfortunately in one of the passing places was a pothole, no wheel or tyre damage as I stopped in it, but with the depth (18cm) it's damaged the underside of my clam/splitter:
Quotes have been sought and repair costs are ~£1,100 plus transport (~£200) and then reapplication of PPF ~£550 - forgot to add PPF reapplication to original quote. I won't need a hire car.
Claim documentation submitted through their portal and I waited the required 90 days without a response. I chased at the end of the 90 days without response and called 3 weeks later, again nobody was at their desks and I was promised a call back which never happened.
We are now ~5 months later, my car is still damaged and they are burying their heads in the sand.
Thankfully there were numerous reports of the holes over the preceding 18 months (fix my street), a friend's dad had wheel and tyre damage 3 months prior on the same specific pothole (I have his email in which they were notified and declined the claim as they said they didn't know) and the potholes were marked for repair (numbered in red paint) with the road fixed a few weeks after my incident.
Should be a fairly open and shut case as I can prove they knew about them and didn't fix within the required time frame, have failed to abide by their own reply obligations etc.
It's just the factor of claiming - I presume I need to name the council or should I include their insurers?
Is it a fairly straightforward process? - just need to get some proper transport quotes to add to the claim? - have 3 for damage repair, from £1100-1800, chose the cheapest.
Offending hole:
Is that the road that runs from Beech Farm on the Limpsfield Road down to Featherbed Lane? Good luck sueing Surrey CC - they are potless, (although not pot-holeless) - I tried with them some years back when I broke 2 alloys and burst 2 tyres on my Accord hitting a huge (and reported) pothole on Caterham Hill but got absolutely nowhere..
Edited by vitesse2000 on Monday 6th August 14:16
Edited by vitesse2000 on Monday 6th August 14:17
That's the road, claimed before and the process was painless - submitted the form and was sent a cheque a month later, no argument so was surprised this time around.
Thinking a small claims court claim would actually make them pay out - can always be escalated can't pay we'll take it away style....
Thinking a small claims court claim would actually make them pay out - can always be escalated can't pay we'll take it away style....
I can see that having some damage underneath your car must be very upsetting if your regularly park it in an area where very tiny people wander around underneath it and make harsh and cutting remarks about how s
t it looks. Is the blue paint made of liquid Unobtanium priced at Eleventy-Lots a tin? Anyway, by all means crack and on and get super-litigious against a tax funded organisation that is austerity-skint. After all, they did it on purpose.
t it looks. Is the blue paint made of liquid Unobtanium priced at Eleventy-Lots a tin? Anyway, by all means crack and on and get super-litigious against a tax funded organisation that is austerity-skint. After all, they did it on purpose.How, by the way, did the the hole illustrated cause the damage shown? I wonder... just wonder... whether someone driving a Lotus along a narrow road who encounters a lorry or whatever coming the other way might have to pull over and make a somewhat rapid stop. I would hesitate to accuse anyone who has a Lotus of hooning, because as we all know Lotus drivers never hoon.*
* I do, sometimes, but my Lotus is in a shed being poked by men with metal sticks.
* I do, sometimes, but my Lotus is in a shed being poked by men with metal sticks.
Breadvan72 said:
I can see that having some damage underneath your car must be very upsetting if your regularly park it in an area where very tiny people wander around underneath it and make harsh and cutting remarks about how st it looks. Is the blue paint made of liquid Unobtanium priced at Eleventy-Lots a tin? Anyway, by all means crack and on and get super-litigious against a tax funded organisation that is austerity-skint. After all, they did it on purpose.
You're trying too hard.t it looks. Is the blue paint made of liquid Unobtanium priced at Eleventy-Lots a tin? Anyway, by all means crack and on and get super-litigious against a tax funded organisation that is austerity-skint. After all, they did it on purpose.Rolled in at <5mph hence the lack of tyre/wheel/suspension damage. The hole genuinely caused the damage.
The issue when your ground clearance is ~12cm...and the hole is over 15cm...
Don't think I'm being unreasonable, submitted the cheapest quote (back on track, from which I was returning at the time) - Maidstone sports cars and another as recommended on SELOC were more ££££. I'm pushing my limited miles and work 70 hours a week so transport is necessary and the quote to re-PPF the front clam at £450 was reasonable IMO, especially as they'll have to fully detail the front half after paint so as to not trap dirt.
Just the nature of a specialist fibreglass sports car, not everywhere can work on it. If it was my old 540i barge I'd have shrugged and got on with my life, don't want to be in the hole for a couple of £k for something the council had plenty of opportunity and fore-warning to rectify (and later did, albeit a few weeks after my incident)
The issue when your ground clearance is ~12cm...and the hole is over 15cm...
Don't think I'm being unreasonable, submitted the cheapest quote (back on track, from which I was returning at the time) - Maidstone sports cars and another as recommended on SELOC were more ££££. I'm pushing my limited miles and work 70 hours a week so transport is necessary and the quote to re-PPF the front clam at £450 was reasonable IMO, especially as they'll have to fully detail the front half after paint so as to not trap dirt.
Just the nature of a specialist fibreglass sports car, not everywhere can work on it. If it was my old 540i barge I'd have shrugged and got on with my life, don't want to be in the hole for a couple of £k for something the council had plenty of opportunity and fore-warning to rectify (and later did, albeit a few weeks after my incident)
kiethton said:
Just the nature of a specialist fibreglass sports car, not everywhere can work on it. If it was my old 540i barge I'd have shrugged and got on with my life....
Just playing devils advocate, but you could argue that not every road can work for a specialist fibreglass sports car.Integroo said:
oyster said:
Just playing devils advocate, but you could argue that not every road can work for a specialist fibreglass sports car.
And if you have a specialist low fibreglass sports car you should be extra careful and not drive through 15cm deep potholes...The car is road legal, pay my VED and rightly expect a road I can drive, ideally one without craters. Will put the claim in and see what happens, they haven’t even followed their own process.
Integroo said:
And if you have a specialist low fibreglass sports car you should be extra careful and not drive through 15cm deep potholes...
How when both are full of water do you tell the 15cm from the 1.5cm potholes? The council chose not to maintain roads, as they are obliged to, and set up entire departments to pay for the damage and injuries sustained, despite the inconvenience and risks to their electorate as it's cheaper. I think if most other bodies, especially in the public sector, did this about any other obligation it would be quite scandalous. I am a surrey resident and every prospective councillor, who comes knocking, at election time acknowledges the problem and says they will deal with it if elected no matter which rosette they wear, so it's impossible to do anything at the ballot box. Hopefully enough claims and they will fix the roads instead of wasting money on fixing cars. I get that it's money but how come ALL other councils do so much better.
Edited by Graveworm on Monday 6th August 23:27
kiethton said:
True, as you may be able to see it’s a wider passing place and was wet - misjudged the depth and didn’t stop before.
The car is road legal, pay my VED and rightly expect a road I can drive, ideally one without craters. Will put the claim in and see what happens, they haven’t even followed their own process.
If we as motorists are required to ensure our vehicles are roadworthy and safe to drive on the roads in then the council should also ensure that the roads are safe to be driven on.The car is road legal, pay my VED and rightly expect a road I can drive, ideally one without craters. Will put the claim in and see what happens, they haven’t even followed their own process.
Integroo said:
oyster said:
Just playing devils advocate, but you could argue that not every road can work for a specialist fibreglass sports car.
And if you have a specialist low fibreglass sports car you should be extra careful and not drive through 15cm deep potholes...Good luck with the claim OP!
Surrey are just shocking at this, I would have slightly more sympathy with the Council if they were so a hopeless bunch, they have mismanaged the budget for years in one of the most affluent parts of the country.
Lost £30m in the Icelandic Bank debacle. Why Surrey CC would be investing in Iceland remains a mystery, are there no banks in Godalming ?
Lost £30m in the Icelandic Bank debacle. Why Surrey CC would be investing in Iceland remains a mystery, are there no banks in Godalming ?
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff