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Pothole repaired before claim made


EveOwes
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My daughter hit a pothole on Monday evening (early evening) and today (Tuesday) she has noticed damage.

 

Taking it to the tyre shop it appears the alloy wheel is buckled and tyre blown

she is having to replace the wheel and the tyre at a cost of around £600.

It's a fairly new car hence the expense.

 

She didn't stop at the time because the pothole was on a bend and she didn't want to put herself at risk,

went back Tuesday evening with her dad to photograph the hole and measure it,

when she got there the hole has been filled in and it's evident the work has just been done.

 

Is anyone able to please say how can she now make a claim against the council?

She has hit potholes before that have damaged tyres etc

but this is the first time she's wanted to claim simply because of the cost to her.

 

thanks for any advice.

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the council will have records of the fixing of the hole.

 

shouldn't be an issue TBH.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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One of the things I considered when buying my car, had the standard alloys rather than super duper oversize ones that were an option.

 

Cost £300 to replace when hitting pothole rather than £600

 

My son in law has just bought a new poseurs car and a wheel for that is £1900!

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  • 2 weeks later...

irrelevant and unnecessary posts removed

 

dx

siteteam

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Obviously the first step is to contact the Council, they will have a department for insurance claims and may ask you to complete a form.

 

To make the claim against the Council, you'll have to prove they failed in their duty to maintain the highway (under the Highways Act). The Highways Act affords the Council a statutory defence that they took all reasonable steps to maintain the highway.

 

They ought to have records of their routine inspections and reports of potholes from the general public.

 

Did your daughter report the pothole to the Council after the incident? If not, and with this pothole being repaired a couple of days after, seems like they knew of it prior to your daughter's incident. As such the question to be determined if you are to be successful is how long did it take them to get round to repairing it, and was that time reasonable.

 

I've defended such claims on behalf of Council's before, right through to trial. All the Council have to show is that they took all reasonable steps. Reasonable takes into account things from the amount of road (in miles) they have to maintain, their budget, their response time, the number of pothole reports they were dealing with, the priority of the road (i.e. a major road or a minor road).

 

Some Councils will defend every claim where they think they're in the right (the argument is to stop a floodgate of claims coming in) and some will settle to save costs.

 

A lot to think about but the first step is to notify the Council that you wish to make a claim.

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