Claim for pothole damage - anyone done it?

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Wife managed to dent one of the wheels on her Evoque last night, got recovered home and we currently have one of the AA's spare wheels on lone :D

Annoyingly it seems i binned my axel stands and with only a can of goop theres no scissor jack in either of our cars so currently calling round the neighbours to borrow some kit so i can give the AA guy his wheel back + ordering a new wheel :rolleyes:

Has anyone had any success claiming from the council for wheel damage? What kind of process did you go through?
 
Wife managed to dent one of the wheels on her Evoque last night, got recovered home and we currently have one of the AA's spare wheels on lone :D

Annoyingly it seems i binned my axel stands and with only a can of goop theres no scissor jack in either of our cars so currently calling round the neighbours to borrow some kit so i can give the AA guy his wheel back + ordering a new wheel :rolleyes:

Has anyone had any success claiming from the council for wheel damage? What kind of process did you go through?

Going through it at the moment.

You must resist the urge to try and get stuck in, bide your time is the key factor.

Will explain more shortly.
 
So right off, put a basic claim in for the damage, at the same time put a FOI request in for the inspection log, the repair log and the reports log for that section of road. Expect your claim to be denied. At this point go quiet.

The key thing is going to be this:

http://www.legislation.gov.uk/ukpga/1980/66/section/58

If you put a claim into the council, they will deny it saying they have a suitable inspection record, and unless youve hit that pothole after its been already been reported, you'll hit a brick wall.

To get any chance of getting money out of them for a replacement, you need to show that the inspection and maintenance falls short of the required standards.

First thing, go back there with todays newspaper, and take some photos to evidence the date the hole was there. Also take a tape measure, to show the size, and you'll need a way to show the depth, so need one down at ground level with a straight edge across the top and the rule so that the depth can be measured. If you can find another road with a pothole in it, do the same there, effectively you need to catch them out by showing that the potholes are not being picked up and repaired in a timely manner.

Next, keep going back and taking photos with newspapers until the hole gets filled. Once it is filled, request for pre-action disclosure of the inspection log, the repair log and the reports log for that section of road. If they refuse, you need to make an application to court for a court order to compel them to disclose the log to you and ask the court to award costs against them also. This wont be information you can get fully in a FOI, as under FOI they will redact times and dates, which make the records useless, you need to show that the road inspection and repair schedule falls short of national standards.

You'll also need a statement from someone, the AA would be ideal but unlikely to provide it, to explain that damage was caused by that pothole.

You are also likely going to be told that you were driving too fast, or without due care to avoid the pothole. Again, you need to rebut this point, either with a detailed description of why you couldnt avoid it, or dashcam footage would be ideal.

Its a game of cat and mouse, effectively, if you go down the route of small claims to recover the money, you need to put evidence forward to the judge that the council has failed in its duty to maintain the roads.
 
Yep. Hit a pothole and burst the tyre one Saturday evening, went back mid-morning the next day to take photos and it had been filled in! So I sent off all the forms and info and photos and such anyway, along with the receipt for two new front tyres, and I got a cheque for around 1.5x the value of the tyre that got damaged. The cheque came from Kier and not the council directly, so presumably Kier were somehow liable (not repaired it soon enough perhaps).
 
In process of this at the moment with Cumbria Council as I hit a massive hole the other week near Keswick which resulted in the top mount for the shock absorber on the rear of the car shearing in half. This wasn't ideal when 6 hours from home on holiday.... Was stranded completely in Windemere and lucky the local garage got it in at 17:00 that day and got a replacement part ordered for the next day..... Meant I had to find a hotel to stay in though and all sorts as the car was unsafe to drive.
I got pictures of it with my foot in it and with road signs in view of the hole as well. Hundreds of miles from home in middle of nowhere, I didn't have a tape measure with me.

I reported the pothole on the Cumbria council log system right away and never heard a thing.... Checked it a week later and they had closed the case saying they had fixed the pothole... no notification though of this!
I then emailed them with all the details yet again from the case I logged above and pictures of the pothole. I got no response to email but a letter showed up 2 days later. It was asking me to fill in all the details I had now given them twice but this time in hand written paper form including a stupid hand drawn diagram!
I have done all this, sent them copy of all invoices including a note from the mechanic down there saying it was very likely pothole damage that caused the problem.
I am claiming the cost of the repairs in full and the cost of my hotel room from them.

They got the letter in the post 2 days ago as I sent it recorded. Will wait to hear what the next steps are.

Just be sure you report the pothole to them appropriately after you get pictures of the pothole and the damage etc. Councils responsible are all different and at different stages of evolution in terms of reporting them online.
Scan in and send all invoices for repairs of course too.
 
More people need to do this. They won't improve the quality of the roads until councils start moaning at the government that it's costing them loads in compensation.
 
Done it in the past with no issues. Wrote a letter to the council explaining what had happened, pointed out that due to the size of the pot hole I had no choice but to take the hit and that I sustained 'x' amount of damage which would cost 'y' to fix. I asked where I needed to send the invoice to, and they wrote back with their insurer details. Had to sign a form off stating that I wouldn't take the claim any further and they sent a cheque shortly after.
 
I'm always interested in the stance people take on this.

I agree it's dam annoying, but there is a drain on the A40 coming out of cheltenham heading to oxford that's a good 3-4 inches lower than the surrounding tarmac in the middle of the road.

You see people hitting it all the time and it throwing their car around.

No one has sorted it in years - probably because it's a drain - but I can't see how it's remotely possible to take photo evidence on a road like that. It's simply too busy.
 
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