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Lula

Car Damage from Pot Holes

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Can someone help me to help a friend please. He was travelling on a country road and could not avoid a pot hole because of oncoming traffic, now this pot hole has cracked the low profile alloy wheel and damaged the tyre itself, he has had to replace these because he needs the car for work.

 

He wrote to the Council involved and filled out one of their liability forms, basically they have told him that they are not liable because they carry out regular checks and repairs, I have a print out from the council which says that they do carry out inspections and repairs to alot of pot holes in that road. There is also something which states that they have paid out on an insurance claim on at least one other occasion.

 

Can someone advise me on how to go forward with this, basically, it looks like there must be a problem with the surface on that road because of the sheer number of holes. He went back to photograph the pot hole a day or so later but it had been repaired.

 

Thanks in anticipation

 

Lula


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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The Highway Authority has a statutory duty to maintain its networks under S41 Highways Act.

 

Their defence for this is that they undertake a regular regime of inspection and repair of the network. They will have inspection records for the road in question which they will use as defence to say that they have maintained the road.

 

depending of the type of road it will have been inspected either monthly or 6 monthly which is more likely. The council will most likely state that the pothole occured in between inspection periods, and would have been indentified at the next inspection had you not bought it too their attention earlier. It appears they have repaired the pothole within 24 hours of your communication with them, which is in accordance with policy.

 

This is a hard one to win. Your friend should contact them and ask about the inspection regime. How often is the road inspected, and what dates are they due on?

 

Your friend probably uses the road a lot, can he confirm how long the pot hole has been there?

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Well it had a reply where it was Lula but its one of those that could be better posted in here-lets see.


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Thanks Martin

 

Hello Mr G and thanks for replying, I have a print out from the council showing that the road was inspected every month, I have enquired as to how long had the pot hole been there (or whether he had noticed it previously) will get back to you whn he replies.

 

Thanks


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Their reply will not alter the fact that their insurers will not pay out. They could also succesfully argue that the pothole WAS avoidable, insofar as if it was an impediment to progress, then the driver should have stopped and then taken avoiding action.

 

Add to this the fact that when identified, they have rectified the defect (as they are legally required to do) they have shown that they operate a rolling review of roads under their care, and are not deficient in this, and their insurers would be able to justify non-payment.

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