Hit Pothole - Damged my car
Discussion
Hiya PHers.
Anyway, The story begins. I was with a few mates driving to view a car, 4 of us in the car in total.
Driving down a road and hit a pothole, Did feel it right through the car but thought nothing off it.
About 10-15 Mins futher into our journey, The car had a terrible vibration from the left side. Had to call the RAC as the car was no way driveable, Turns out the pothole caused the driveshaft to bend!
How do i go about dealing with this?
Thanks in advance.
Anyway, The story begins. I was with a few mates driving to view a car, 4 of us in the car in total.
Driving down a road and hit a pothole, Did feel it right through the car but thought nothing off it.
About 10-15 Mins futher into our journey, The car had a terrible vibration from the left side. Had to call the RAC as the car was no way driveable, Turns out the pothole caused the driveshaft to bend!
How do i go about dealing with this?
Thanks in advance.
1 Take in to garage
2 Ask them to repair
Almost certainly there will be no chance of a good claim, as provided the authority responsible for the road can establish a suitable system of inspection and repair of the roads, then if a defect (pot hole) exists, the authoirty still has an absolute defence under s.58 Highways Act...
2 Ask them to repair
Almost certainly there will be no chance of a good claim, as provided the authority responsible for the road can establish a suitable system of inspection and repair of the roads, then if a defect (pot hole) exists, the authoirty still has an absolute defence under s.58 Highways Act...
You need to get dated pictures of the pothole, and if you can mark them to show the length and depth, you will have a strong basis for a claim, so long as the gaps are outside accepted recommendations.
The major hassle is you tend to be dealing with civil servants who get paid every Friday no matter what. Therefore they could not care less about your claim or right to money, and it could take a-g-e-s to get anyhwhere.
All councils have a fund from which they pay taxpayers back the taxes they have been negligent with....then they just up the council tax to haul it back in. So your short term gain is everyone's long term loss, and again, the council workers couldn't give a damn. They still get paid, despite glaring mistakes and negligence.
What I mean in a nutshell is by all means go for it, but take it as amusing timewasting and something to make you laugh....or cry!!
The major hassle is you tend to be dealing with civil servants who get paid every Friday no matter what. Therefore they could not care less about your claim or right to money, and it could take a-g-e-s to get anyhwhere.
All councils have a fund from which they pay taxpayers back the taxes they have been negligent with....then they just up the council tax to haul it back in. So your short term gain is everyone's long term loss, and again, the council workers couldn't give a damn. They still get paid, despite glaring mistakes and negligence.
What I mean in a nutshell is by all means go for it, but take it as amusing timewasting and something to make you laugh....or cry!!
Dated Photos of pothole and damage, witness statements, repair bill, Lawyer or small claims court.....
Worked for me in the late 60s (Bristol County Council), the burocrats wanted to bin it, court thought otherwise, was awarded full damages, expenses and interest after 2 years!
CCs do NOT have a let out, they HAVE to guard your safety AND are responsible under EU law as well!
Worked for me in the late 60s (Bristol County Council), the burocrats wanted to bin it, court thought otherwise, was awarded full damages, expenses and interest after 2 years!
CCs do NOT have a let out, they HAVE to guard your safety AND are responsible under EU law as well!
Yes, we are in the EU. But we are subject to English (and Welsh) law, here. That is supposedly an interpretation of EU law, (but it isn't always!)
So, the buck stops at English Law, and believe me, the Local Authority/Highway Agency/ whoever are Very well versed in the Highways Act 1980, and the statutory section 58 defence to claims involving pot holes, trips, slips etc. I'm not saying a claim cannot be brought, just that there are so many steps to overcome in order to succeed, that it isn't right to assume that there will a definite win...
ETA I didn't mean to have a dig - it WAS early in the morning when I posted
So, the buck stops at English Law, and believe me, the Local Authority/Highway Agency/ whoever are Very well versed in the Highways Act 1980, and the statutory section 58 defence to claims involving pot holes, trips, slips etc. I'm not saying a claim cannot be brought, just that there are so many steps to overcome in order to succeed, that it isn't right to assume that there will a definite win...
ETA I didn't mean to have a dig - it WAS early in the morning when I posted
Edited by RichBurley on Friday 14th December 09:05
Is Scottish law different with respect to this?
I made a complaint regarding a pothole that had not been repaired and managed to claim for two tyres and a new alloy wheel for my Porsche.
Oh yes - it took a year to get paid but I kept at it and eventually they coughed up.
I will admit I took it very seriously, took lots of photographs, wrote contemporaneous notes. I also photocopied every last piece of evidence I had was able to resupply it - which I had to do THREE times as they just lost (or threw away) photographs and correspondence.
Since my audit trail was actually better than theirs I think they probably just paid me to get me to go away...
I made a complaint regarding a pothole that had not been repaired and managed to claim for two tyres and a new alloy wheel for my Porsche.
Oh yes - it took a year to get paid but I kept at it and eventually they coughed up.
I will admit I took it very seriously, took lots of photographs, wrote contemporaneous notes. I also photocopied every last piece of evidence I had was able to resupply it - which I had to do THREE times as they just lost (or threw away) photographs and correspondence.
Since my audit trail was actually better than theirs I think they probably just paid me to get me to go away...
RichBurley said:
Yes, we are in the EU. But we are subject to English (and Welsh) law, here. That is supposedly an interpretation of EU law, (but it isn't always!)
So, the buck stops at English Law, and believe me, the Local Authority/Highway Agency/ whoever are Very well versed in the Highways Act 1980, and the statutory section 58 defence to claims involving pot holes, trips, slips etc. I'm not saying a claim cannot be brought, just that there are so many steps to overcome in order to succeed, that it isn't right to assume that there will a definite win...
ETA I didn't mean to have a dig - it WAS early in the morning when I posted
Not taken as a dig! respect for your better knowledge! My case was end of '69 and I got the monies before I left GB permanently in '72.... So, the buck stops at English Law, and believe me, the Local Authority/Highway Agency/ whoever are Very well versed in the Highways Act 1980, and the statutory section 58 defence to claims involving pot holes, trips, slips etc. I'm not saying a claim cannot be brought, just that there are so many steps to overcome in order to succeed, that it isn't right to assume that there will a definite win...
ETA I didn't mean to have a dig - it WAS early in the morning when I posted
EU law says that governments/bodies have a legal responsability of due care, thus IMHO responsable...but if no-one has tried it in Straßbourg then it can't go further...
That's why legal insurance is a must!!! get someone to do the fighting for you and get your rights!
EU law says nothing about potholes (if it does, please post a link). "Due Care" from the EU is no different to the due care that councils have anyway.
The definition of the "care" required (or rather the defences against negligence) are outlined in English law as above. And they are very specific. Type and useage of the road, inspection schedule etc
If a pothole (in an otherwise clear and well maintained road) opens up overnight, and you are the first person to come across it, then there is absolutely no way the council could be negligent. Not even the EU is going make that stick.
The costly problem is that people for some reason have in their heads that just because a hole is x by x size (or some other fallacy) then the council is liable. Leeds MDC Highways department repudiated about 80% of all Highway claims.
Oh, and the idea that it is Civil Servants that always handle the claims is a bit off kilter. Many of then the claims are handled by insurers under a claims handling service (using the council's money). Although the result (poorly paid people who probably don't care much) is much the same.
Although to be honest, after you have seen the number of fraudulent liabilty claims they have, you can maybe understand the lack of interest. Which is sad, as councils are sometimes clearly not as good at upkeep as they should be.
The claim forms will be on the council's website, so give it a go.
The definition of the "care" required (or rather the defences against negligence) are outlined in English law as above. And they are very specific. Type and useage of the road, inspection schedule etc
If a pothole (in an otherwise clear and well maintained road) opens up overnight, and you are the first person to come across it, then there is absolutely no way the council could be negligent. Not even the EU is going make that stick.
The costly problem is that people for some reason have in their heads that just because a hole is x by x size (or some other fallacy) then the council is liable. Leeds MDC Highways department repudiated about 80% of all Highway claims.
Oh, and the idea that it is Civil Servants that always handle the claims is a bit off kilter. Many of then the claims are handled by insurers under a claims handling service (using the council's money). Although the result (poorly paid people who probably don't care much) is much the same.
Although to be honest, after you have seen the number of fraudulent liabilty claims they have, you can maybe understand the lack of interest. Which is sad, as councils are sometimes clearly not as good at upkeep as they should be.
The claim forms will be on the council's website, so give it a go.
Edited by Noger on Friday 14th December 10:50
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