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To claim against the council for damage caused to my car by a pothole?

12 replies

ManonBlackbeak · 01/02/2020 10:47

As I was driving home from work the other night a long a very busy A road I hit a pothole. It’s damaged the left front left side wheel and is currently in the garage being repaired.

I am furious. The roads around here are a disgrace and the council don’t appear to give a shit or do anything about it.

WIBU to try and claim back costs for repairs? I know exactly where the pothole was and am going back to get photos today.

OP posts:
DropZoneOne · 01/02/2020 11:02

You can only claim if the council has failed in it's duty of care. So has the pothole previously been reported and when? How did the council classify the pothole? eg ours have 28 days to repair minor holes and 5 days to repair major holes. So if they have failed to repair within their timescales, then you have a claim.

I know it's shit - I've just paid out £450 for a new wheel and tyre on mine, but at the time i went down it, it was stilled classed as minor (loads of rain caused more damage but it hadn't been rereported).

othervoicesotherrooms · 01/02/2020 11:04

Yes. Do it. Take pictures of the hole with measurements (ruler in photo) and damage done to car.

Florencenotflo · 01/02/2020 11:04

You can. I cracked an alloy on my car (was only 3 months old). My council (Kent county council) actually has a way to report and claim for damages on their website. They did pay out but it took a long time and it was a lot of forms and evidence needed. I think they would have argued I was going too fast or something but there is a speed camera on the road I did it on.

But worth a try. Our roads are shocking too.

ManonBlackbeak · 01/02/2020 15:18

Ok well Ive emailed the council and will see what their response is.

OP posts:
poppym12 · 01/02/2020 15:21

Yes. Take photos of the pothole and the damage to your car as whoever deals with their claims will want as much information as possible.

MissCharleyP · 01/02/2020 16:48

Definitely. There was one on a road here (Gtr. Manchester) that caused someone to crash and then a few other cars to crash into them. National limit A-road but poorly lit and in a terrible state of repair. Twenty or so people claimed in a single day. There are large ones in the outside lane of the M56, it’s so dangerous.!

MissCharleyP · 01/02/2020 16:50

Or rather, a few crashed and there were fears that more would hit them as there were a few stacked up awaiting recovery.

LIZS · 01/02/2020 16:51

You can probably look online to see if it has been reported already and is due inspection or repair.

WorraLiberty · 01/02/2020 16:53

The thing is, taking a photo of the pothole doesn't prove that it was what damaged your car.

NeverGotMyPuppy · 01/02/2020 17:02

Its a nightmare because you cant really prove it. I'm Kent too and had a blowout yesterday, I've gone through so many tyres in the last 2 years

carrie74 · 01/02/2020 17:49

My DH lost 2 tyres to a pothole before Xmas (one of which was a week old 🙄). He took photos immediately and reported to the council and got payment for the damage a couple of weeks ago.

I also am now quite zealous about using Fix My Street to report potholes and fly tipping - everything I've reported has been dealt with really quickly.

poppym12 · 01/02/2020 18:45

Mine wasn't just a tyre, it was a suspension spring which shattered and punctured the trye.

I took photographs of the damage and the pothole and emailed the Highways department at the Local Council. They sent me a claim form and I supplied all supporting documents ie photos, garage report and invoice I'd paid and they sent it on to their insurers.

The pothole was 'filled in' with loose gravel which promptly washed away at the next downpour.

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