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Pot hole damage

7 replies

sleepwouldbenice · 06/02/2025 10:36

I will try to keep this brief
December last year my car had its tyre wrecked by a pot hole.

I reported the pot hole and put in a claim for the damage to the council

The claims assesors are now saying they don't have to pay as the council can demonstrate they inspected the road the previous month. Is this correct? So I lose out financially plus hours of hassle just before xmas and that's just my problem?

They are also saying they had several reports of the pothole that day so it obviously only happened that day. My incident happened later that afternoon so I doubt mine was the first reported...

Any thoughts? TIA

OP posts:
sleepwouldbenice · 06/02/2025 12:05

Hopefull bump

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prh47bridge · 06/02/2025 12:05

The council can't be held responsible for a pothole they don't know about, and they can't be expected to fix it instantly. If yours was the first report you definitely don't have a claim. If you were not the first report, it may depend on how much time elapsed between the first report and your incident.

LIZS · 06/02/2025 12:08

Had any others reported it online since their inspection? Was it paint marked?

MikeRafone · 06/02/2025 12:08

Get a video camera for the car, it’s the only way of trying to prove the pothole caused the damage

also report every single pot hole on the website - that way if the council have been informed and don’t make good - then you can claim

sleepwouldbenice · 06/02/2025 13:02

Thanks
Although they can't fix it straight away then can flag it to drivers. After I reported it they put a traffic cone in it for example

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TheCraicDealer · 06/02/2025 13:16

There are defined frequencies where the entity responsible for the road are required to inspect them; for example where I live a carriageway with high levels of traffic is required to be inspected monthly, but a quiet road will only need to be inspected every six months. If they have inspected it within a month then even on a high traffic carriageway they’ll have taken reasonable steps to identify issues that could cause a hazard to drivers.

If a pothole develops between inspections then they’re reliant on the pothole being reported. When reports are received it’s reviewed and then filtered out to subcontractors who go and make the repair. If a report was made in the morning it’s unlikely that a repair would be feasible immediately even if marked as urgent, simply because it takes time getting the instructions out and for contractors to travel to the location.

I don’t work for a council btw, I’ve just had to look into this before!

sleepwouldbenice · 06/02/2025 15:38

Thank you for all your extensive replies! I do understand that they have undertaken some measures but their asset has still damaged mine?
Trying to think of comparative examples

If I had just had an MOT but my car tyre burst and caused an accident, or a tile came off my roof and caused damage to neighbours, even though I had looked for loose tiles? I would still expect to pay for damage caused.? How is it reasonable to expect others to just accept it?

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