Pothole damage (pics) and how to complain?

Pothole damage (pics) and how to complain?

Author
Discussion

puggit

48,475 posts

249 months

Monday 9th May 2005
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You don't have a very long one do you?

puggit

48,475 posts

249 months

Monday 9th May 2005
quotequote all
Sorry - was referring to the length of your measuring device

Someone will come along and correct me later, but I believe that if it's just a standard street then complain to the local council. Lots of them have online info on their websites about such things.

I think that there needs to be some burden of proof against the council that they were either aware of this pothole and didn't fix it or that the pothole has been there for some time. If the pothole appeared last week, then you may have some problems

streaky

19,311 posts

250 months

parrot of doom

23,075 posts

235 months

Monday 9th May 2005
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They probably try and reduce the amount paid on the items in question, to reflect their useage - pathetic tbh.

I ran over a huuuuge pothole/striphole the other day coming out of Trafford Park towards the Trafford centre on that flyover bit that heads to the Stretford/Urmston/M60 roundabout. The rear suspension really did 'crash' and bottom out, fortunately there appears to be no damage. I'm going out with the camera tomorrow to take a picture, just in case anything has been knocked out of alignment.

m-five

11,246 posts

285 months

Tuesday 10th May 2005
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The devil's advocate in me would say "they're huge - why didn't you see and avoid them?".

However, it's not going to help your pain so I won't!

cmj

201 posts

248 months

Tuesday 10th May 2005
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I pursued a similiar issue with Lancashire County Council and much to my surprise they had a lady dedicated to resolving this type of incident. I provided my invoice from BMW (nearly £1400 of damage due to new wheel tyre, 4 wheel alignment etc etc), photos etc and the only query was that a valet was also included on the invoice. Once I proved this was complimentary, I was sent a cheque. Follow it through - you never know it might be as easy as mine. Not sure how they would view two incidents though versus just one. That second pothole looks like a moon crator.

supraman2954

3,241 posts

240 months

Tuesday 10th May 2005
quotequote all
m-five said:
The devil's advocate in me would say "they're huge - why didn't you see and avoid them?".
I’m sure it would have been difficult to see at night (especially when you are dazzled by oncoming headlights)

JMGS4

8,739 posts

271 months

Tuesday 10th May 2005
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Take your photos and invoices to a solicitor and go immediately through the small claims court, that way you won't get burocratic delays or arguments from the county/town council. If you write to them they'll only prevaricate and maybe even fill in the hole and deny all knowledge! Did this in 1969 when everybody said it couldn't be done, the City and County of Bristol paid up verry sharply!!!!

m-five

11,246 posts

285 months

Tuesday 10th May 2005
quotequote all
supraman2954 said:


m-five said:
The devil's advocate in me would say "they're huge - why didn't you see and avoid them?".


I’m sure it would have been difficult to see at night (especially when you are dazzled by oncoming headlights)



That's why I read the post before posting "Saturday morning" and "afternoon" were mentioned so I felt I was safe(r) assuming it was light!

I've had a wheel bent from potholes in Liverpool and the council took two years to sort it out - they passed it on to the contractors who do the road maintenance, they passed it on to their insurers, the insurers passed it back to the council saying it was their problem for not telling the contractors to repair it.

My damage was at night and in the rain so all I saw was what appeard to be a small puddle, rather than a secret entrance to the earth's core.

I'd sold the car by the time I got paid out - £500 for a wheel and a tyre!

>> Edited by m-five on Tuesday 10th May 11:06

gone

6,649 posts

264 months

Tuesday 10th May 2005
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mk6fiesta said:
cheers, well its been there for a couple of days at least, I usually manage to avoid it but had to adjust my road position yesterday and ended up falling into this hole. Will check out council website (its in Leeds btw) and ill get writing.


So there is some culpability on your part!

You knew they were there.
You still drove into them!
You drove into them at a speed which was high enough to damage your vehicle!

This is the sort of thing that will be fired back at you if you mention that you knew they were there and had avoided them in the past!!!

DJFish

5,923 posts

264 months

Tuesday 10th May 2005
quotequote all
m-five said:
The devil's advocate in me would say "they're huge - why didn't you see and avoid them?".



He was probably speeding, young people in flash cars etc.........BURN HIM!

supraman2954

3,241 posts

240 months

Tuesday 10th May 2005
quotequote all
m-five said:

supraman2954 said:

m-five said:
The devil's advocate in me would say "they're huge - why didn't you see and avoid them?".

I’m sure it would have been difficult to see at night (especially when you are dazzled by oncoming headlights)

That's why I read the post before posting "Saturday morning" and "afternoon" were mentioned so I felt I was safe(r) assuming it was light!

I know. You made a valid point (as did Gone), but my post was more of a helpful hint incase the council also asks (hence the smiley).

Don

28,377 posts

285 months

Tuesday 10th May 2005
quotequote all
You have the evidence. You have witnesses. You have a brand new car.

I was in this exact situation - and, although it took eighteen months, I got £1200 off the Scottish Executive to pay for two new tyres and a new alloy wheel.

They tried the crap about "how well used were the tyres/wheel" but the car had only done three thousand miles at the time and they were immaculate.

If you contact the council you will be able to find out who is responsible (Highways Agency vs Council) and be able to make your complaint. In the end I didn't need to take legal action - but if they don't play ball go to Small Claims and get your money.

It is your civic duty to dish out a spanking to government agencys that think its OK not to do the work they've been assigned to do. It is NOT being "compensation culturalist" - it is the incentive that councils need to spend their budget on road maintenance instead of fnurking traffic calming!

Do it. DO it.

gone

6,649 posts

264 months

Tuesday 10th May 2005
quotequote all
mk6fiesta said:

gone said:


You knew they were there.
You still drove into them!
You drove into them at a speed which was high enough to damage your vehicle!




Yes I knew it was there (this wont be mentioned to the council)
Yes I still drove into it (It was either that or hit the pedestrian who put a foot onto the road)
Yes I drove into it at about 25mph. (shockingly high speed I know!)


hmmmmmmmmmmm, next!


Lets just hope no one who needs to know reads this forum then!
Hmmmmmmmmmmm Next!

esselte

14,626 posts

268 months

Tuesday 14th June 2005
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mk6fiesta said:
For anyone thats interested:

Have recieved a letter this morning from the councils insurers accepting full liability.

V I C T O R Y !

Claimed for a new alloy and new tyre, £175 in total.

I think the fact that it was a relatively small claim and the huge evidence file I gave them swung it in my favour.

Smiles all round




supraman2954

3,241 posts

240 months

Tuesday 14th June 2005
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Good result!

Did you have to resort to 'creative' descriptions of the incident, or were the council reasonable?

heckler

126 posts

251 months

Tuesday 14th June 2005
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hyde park?

ledfoot

777 posts

253 months

Tuesday 14th June 2005
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Is it also possible to claim for damages due to road humps ?

I have a broken front spring on my Audi as a result of going over a speed hump at 20mph.

zippee

13,474 posts

235 months

Tuesday 14th June 2005
quotequote all
mk6fiesta said:
No they were very reasonable.

I sent them a huge evidence file with around 12 photos and a signed testimony and they dealt with it all very quickly.

I was a little worried when I got a letter from the insurers saying I had to prove negligence, but then this morning I got a letter saying 'have some money'!

So im a happy bunny


Congratulations,
With all the evidence correctly gathered and presented they really don't have a leg to stand on.
It was my incident that was linked too at the start of your post and I received a chq from Anglian Water beginning of last month for the full £1417 I claimed for.

james_j

3,996 posts

256 months

Tuesday 14th June 2005
quotequote all
mk6fiesta said:

heckler said:
hyde park?



Yup! On the road that runs towards the uni.

Congrats zippee with your success.

I have a dislike of the compensation culture in general, but in instances such as these I think it is fair and right to get the money back.


Good result and agree re compensation culture, but we do pay a fortune to run cars and the roads have been paid for many times over but are neglected and getting worse.