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Can I claim for this damage?

9 replies

stopmefeelingsick · 16/03/2024 19:01

I hit a massive pothole and got a badly damaged tyre. I've taken a picture as I've heard you can claim for repair costs, but the pothole has white paint around it which I guess means the council are planning to repair it. Does this mean I can't claim? Just wondering if they'll say I should have seen the white paint and avoided it (it was dark and not really possible)

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2Hot2Handle · 16/03/2024 19:11

You can get more info here: https://www.gov.uk/claim-for-damage-to-your-vehicle

I regret not attempting to claim for a burst tyre, when I hit a pothole. Even if the council is intending to repair it, they haven’t yet and it doesn’t sound as though they have blocked the section off, to avoid accidents. White paint is hardly a suitable warning and even if you saw it, it wouldn’t mean you would have had time to work out what it was for, or had time to avoid it. Did you take pictures? A couple of days after I was affected, the pothole had been filled in and as I didn’t take pictures at the time, I lost my proof, so I’d advise you get evidence asap, to be able to back up your claim.

Claim for damage to your vehicle

Apply for compensation for damage to your vehicle - report the damage, fill in the damage report form, provide evidence

https://www.gov.uk/claim-for-damage-to-your-vehicle

LIZS · 16/03/2024 19:22

Always worth claiming. Your local council website should direct you to the Highways website.

YouveGotAFastCar · 16/03/2024 19:24

My understanding is the opposite - if it’s been marked, the council are aware of it, so may well be liable for the damage. If it hasn’t been marked, you have to prove the council is aware of the pot hole before you can make a claim; which is challenging.

moreoutsidespace · 16/03/2024 19:26

Definitely claim. DH came off his motorbike and claimed for the damage to his bike, leathers and helmet.

stopmefeelingsick · 16/03/2024 21:00

Thanks everyone. I've got pictures and I'll put in a claim. That's reassuring to know @YouveGotAFastCar , hopefully that'll make claiming easier

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LIZS · 16/03/2024 21:17

YouveGotAFastCar · 16/03/2024 19:24

My understanding is the opposite - if it’s been marked, the council are aware of it, so may well be liable for the damage. If it hasn’t been marked, you have to prove the council is aware of the pot hole before you can make a claim; which is challenging.

I thought this too

RhubarbAndFlustered · 16/03/2024 21:35

YouveGotAFastCar · 16/03/2024 19:24

My understanding is the opposite - if it’s been marked, the council are aware of it, so may well be liable for the damage. If it hasn’t been marked, you have to prove the council is aware of the pot hole before you can make a claim; which is challenging.

This.

A friend broke a leg stepping into a huge pothole in the dark. It was at the entrance to a playing field and it was where one would quite rightly be expected to cross the road to get into said playing field. They were told there was nothing they could do (loss of earnings claim because £110 SSP is a kick in the teeth when you're usually on £850pw) because the council weren't informed of it. Except I had reported it weeks earlier and had the confirmation email and even the detailed point on a map as to where it was.

2Hot2Handle · 17/03/2024 09:18

Just came across this on Facebook, on potholes, in case it’s helpful:
https://www.facebook.com/share/r/aRHrQX2xxXCQv8WD/?mibextid=UalRPS

Tells you the steps to take.

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See posts, photos and more on Facebook.

https://www.facebook.com/share/r/aRHrQX2xxXCQv8WD/?mibextid=UalRPS

stopmefeelingsick · 17/03/2024 21:57

Thanks @2Hot2Handle that's really useful!

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