Damage to car from potholes

[needadvice1]

HI, my car was damaged because of a very deep pothole.

 

I went back to the site to take picture of the pothole but it had been filled in, this was a few days after the incident. Other potholes on the same road have not been filled in, I believe this is because they are no way near as bad.

 

I've already shelled out £170 for repairs and am about to spend another £30 and then possibly another couple of hundred.

 

I was hoping someone could help me draft a letter to the council and also perhaps advise me on my chances.

 

Thanks a lot in advance,

[maroondevo52]

Is this not Legal Pickles field

 

Sorry, only joking, I can't help hopefully someone will

[needadvice1]

Surely someone other than LP can help.

[maroondevo52]

Hi,

 

Your not getting much help,there's a site called potholes.co.uk, have a look there.

 

Regards.

 

Scott.

[paul-j]

Hi there , i had same problem , nearly £500 in repair bills over the course of a year. in my case i took pictures of the potholes that had damaged my car , and after the relivant ring around of various agencys, it turns out that its the local area council is responseable for damage , to cars due to pot holes , i got my bill paid and £250 pound on top for my trouble ,, and the pot holes are now fixed.

 

hope this helps you

 

Paul-j

[needadvice1]

ok mate, have you got letters etc tat you sent out to the council i can have a look at?

[paul-j]

ok mate, have you got letters etc tat you sent out to the council i can have a look at?

 

 

hi mate never sent letters to the council,i went personally.

i took my bill from the garage, along with pics of the potholes in question along with a letter from the garage stating that the damage, was caused by sudden shock to the suspension, struts, springs bushes tracking tyre's and wheel damage, etc...

 

in your case the pot holes where all ready filled in ,after returning to take pictures witch means that, the council was already aware of the the hole(s).

 

in there defence they will say that you should have reported the holes prior to damage, and that you should have informed them the day of damage. (i know from past attempts). state that you was unaware that it was the councils liabilty. so was not reported then due to lack of knowadgle .

 

that should do it.

 

if they dont , tell them you will take legal action as they duty bound to keep the roads in good order.

 

i used that one , and got the result i needed

[needadvice1]

thanks for that mate, that's really helpful.

 

can i ask how you got them to give you £250 on top?

[paul-j]

how i got the extra on top ,was simple i was working and as , my car was off the road ,and needed it to travel a good 50miles each way, so i billed them the cost of the travel , plus the days lost of work , they did not like it , but they payed up.

 

 

 

hope that helps

[needadvice1]

ok understood, thanks very much

[paul-j]

good in luck in trying , do post how you get on.

 

best regards

[needadvice1]

will do, thanks

[needadvice1]

i've filled in the forms they sent me, now it's a waiting game i guess.

[needadvice1]

Hi All,I REALLY need some help!My car hit a pot hole and it absolutely destroyed one of my rear shock absorbers. i had to have both replaced as this is normal & best practise.I contacted the council and they are only willing to pay for the replacement of one of them ie.e. half of the total cost incurred.Mechanically speaking, both rear shocks should be replaced because if you only changed one, the other shock absorber will wear out quicker due to the extra load being placed on it; the load should be even on both sides and this is only possible if the shocks are the same age/had the same usage etc. I explained this to the local council and they ignoring this argument.What is my legal position?They accepted that they are liable for one shock and sent me a settlement cheque, i said I want interst on the full amount aswell, from what date do i calculate this?Pleae advise ASAP!THANKS!

[Conniff]

Hi needadvice. It's not strictly true that if you don't replace both shockers the other one will wear out quicker, it is however good practice as you say in the same manner that brake pads should be replaced by axle sets, but it won't necessarity make the car dangerous or affect the braking if you don't.

 

If there was nothing wrong with the second shock absorber, then having it replaced could be classed as betterment and the council will not pay for that.

To try and fight that will be an almost impossible task, you would 'have' to prove that the other shocker would wear out sooner than normal life expectancy.

 

Why do you think you are entitled to interest?

[needadvice1]

am i not entitled to statutory interest from the date of the incident? i thought this was the law.

[crem]

I agree with Conniff in that this will be perceived as "betterment" for which the council are not responsible.

 

You would only be entitled to statutory interest (at 8%apr) from the date you lodged an official county court claim upto the date your claim is paid, but only if you won your claim of course, which IMO is most unlikely.

[needadvice1]

ok so im not entitled to any interest?