Pothole claim - is this reasonable?

dazz25 · 20 Dec 2018 at 16:18

I hit a pothole in Liverpool last February that damaged my tire. I got it replaced straight away as it was too dangerous to drive on - split sidewall and big bulge.

I raised it with the council and they've only just got round to settling my claim 10 months later!

The total cost of the tire was £192.61.

This is the reply I have just received from them:

Ok, so without prejudice I am able to offer you £173.34, which includes a 10% deduction for general wear and tear. (I have deducted the smallest percentage I could based on the fact the car was less than 3 years old)

Can you confirm if you are happy to accept my offer and I will arrange for you to be added to the cheque list.

What are your thoughts on this?

I understand the reasoning but feel that I have been £192 out of pocket for 10 months through no fault of my own and now won't be getting 100% of my money back for replacing a tire that was near enough new wouldn't have needed replacing for quite some time. Am I being fair in feeling that way or should I accept that the tire had suffered some wear?

I had only owned the car for around a month by this point so don't know how old the previous tire was.

Firestar_3x · 20 Dec 2018 at 16:20

Life is too short, you've had a good contribution to the tyre, move on.

Shawreyboy · 20 Dec 2018 at 16:22

Probably adjusted for inflation and current £ rate so you've pretty much been given most if not all the equivalent value - would consider the case settled.

Shawrey

Slam62 · 20 Dec 2018 at 16:23

Bite their hand off, why are you even posting

skaif · 20 Dec 2018 at 16:23

You have to question how much the extra £20 odd is worth in terms of hassle and headache chasing it up

tom_e · 20 Dec 2018 at 16:24

Unless you're prepared for court then you've hit a computer says no stage and for £20 I'd take the money and run.

Royal Fleet · 20 Dec 2018 at 16:27

The difference is down to what is known as betterment. The tyre you replaced was worn to some extent, the new one not. The new one will last longer than the old one.

I don't know how many miles the old one had it but unless it was itself very new and you can prove it I would accept the offer.

wedrum · 20 Dec 2018 at 16:27

£20 less, cancel xmas your life is over.

200sols · 20 Dec 2018 at 16:28

Take it and move on.

dazz25 · 20 Dec 2018 at 16:29

Thanks all - you've pretty much summed up what I was thinking.

It's not the £20 that was bothering me, it was more the time it's taken and the hassle it's caused me along the way trying to get any kind of response from them to try and get the claim settled.

-westy- · 20 Dec 2018 at 16:35

dazz25 said:
Thanks all - you've pretty much summed up what I was thinking.

It's not the £20 that was bothering me, it was more the time it's taken and the hassle it's caused me along the way trying to get any kind of response from them to try and get the claim settled.

Fair point, but the further hassle and time wasted in order to get £20 more from them (and we all know it's like blood from a stone) isn't worth it either.

As above, take it and run.

JBuk · 20 Dec 2018 at 17:26

dazz25 said:
Thanks all - you've pretty much summed up what I was thinking.

It's not the £20 that was bothering me, it was more the time it's taken and the hassle it's caused me along the way trying to get any kind of response from them to try and get the claim settled.

Sticking to your principles would be a waste of your time , accept the offer and move on

Simon · 20 Dec 2018 at 18:08

How old is ‘near enough new’?

Just take it and move on I’d say. You did well getting something back

matthab · 20 Dec 2018 at 19:46

You actually got a council to pay up, take their money before they change their mind.

The last claim I put in they wriggled out of.

Tee Hee Johnson · 21 Dec 2018 at 12:53

Take.it.

Resident · 21 Dec 2018 at 15:20

matthab said:
You actually got a council to pay up, take their money before they change their mind.

The last claim I put in they wriggled out of.

Barnsley council tried to get out of paying up because I scrapped the car 2 months later because the flywheel/clutch exploded and lunched the gearbox.

I claimed because I hit a pothole, which they had marked and then left for 3 months and snapped a spring and droplink. They say my claim is invalid because I no longer own the car. I would still own it if it hadn't irreparably destroyed itself.
I still paid out for the suspension repair as I hadn't, at that point, intended of parting with it.

It's still ongoing from April this year.