Pot Hole Damage Council offer should I accept

[leilani]

Hi,

Hit a water covered pot hole on New years eve, it was in a country lane I was not familiar with, pitch black and raining heavily. Tyre blew, wheel dented, and upon trying to change it in the pitch darkness as nobody would stop to help me (I am woman by the way), couple of men stopped only to ask if i had a phone assuming I had break down cover, I didn't and the last time I changed a tyre was 20 years ago! As a result, put the jack slightly wrong place, because couldn't see the markers, cill crumpled and paint chipped. I have a mobility problems and on benefits, so couldn't afford to have it cill fixed or tracking which I was advised will be out. It took weeks before I could afford £96 odd for tyre, but did get fair estimate for damage caused to cill. I believe if the pothole wasn't there my car would not have been damaged, so sent a comprehensive statement and everything necessary for claim including pictures from immediately afterwards and in the day time too as well and the report I made of its existence (as well as the other craters which got filled in but mine didn't even a month later).

 

The total damage was £587, they have come back with £106, my instinct is to say I don't accept that, but I thought I would check here first to see if anyone has pursued further and how or what they did.

 

Would appreciate any advice.

[lelu19uk]

If its their first offer i wud reject it as they will just be testing the water. You should be claiming foe the total cost if repair plus compensation.

[raydetinu]

IMO, they are not responsable for damage to car during replacement of the wheel, however they would have had to pay for a garage call out to replace wheel if you had gone that route.

So if their offer covers the damaged tyre and wheel and subsequent refitting, tracking then OK, if not ask for costs that covers these items.

[Surfer01]

IMO, they are not responsable for damage to car during replacement of the wheel, however they would have had to pay for a garage call out to replace wheel if you had gone that route.

So if their offer covers the damaged tyre and wheel and subsequent refitting, tracking then OK, if not ask for costs that covers these items.

By the same token, if it had not been for the pothole there would have been no need to change the tyre and the sill would not have been damaged. The council need to reimburse 100%!

[leilani]

Thank you all for your advice, my thought pattern was exactly what Surfer01 wrote. IMO, by offering initially, they ARE accepting liability, however, like all insurance companies, they see if the person will back down.

 

It's the terminology they used that got me.

 

With refer to your claim for damages.

In order that matters may be settled, Ringway are prepared to make a payment to you for the sum of £109.80. This is only for the damaged wheel/Tyre only. This payment would be on a goodwill basis and without any admission of liability.

 

If you agree to the matter being settled in this way I should be pleased if you would sign the enclosed discharge and have it witnessed and returned to this office when a cheque for the amount will be issued to you.

 

Now just have to compose the rejection response.

 

Be glad of any tips or matters I should raise within in it, like what lelu19uk raised such as "compensation" as I hadn't even thought of that. I only want to be reimbursed for the cost of fixing the car back to before hitting the pothole, but as the time goes on the damage may increase, such as the tracking not being done, may cause additional wear on the tyres.

[raydetinu]

agree some amount for your inconvenience and time to sort out, say three to four hours at £25/30 hr. plus get a qoute for tracking etc and add that.

But as said before do not believe they are responsable for body damage, that was your choice rather than getting garage to sort ( which you could of claimed for as well ).

good luck.

[Ganymede]

But as said before do not believe they are responsable for body damage, that was your choice rather than getting garage to sort

 

 

 

I agree with you. I think they OP will be very luck to get the cost of the body work back.

[Old Cogger]

Puncture call a garage every time???? no way , the incident would not have happened if the situation had not arose, so = a shared responsibility?

[leilani]

Thanks for the further responses, however I still believe if I had not hit that pothole I wouldn't have damaged my car, it was pitch dark, wet and muddy and long way from any houses to see if some nice gentlemen would help.

 

Furthermore, I didn't have the money to replace the spare tyre let alone call a garage, but even if I did how much would that cost, or even if they would on New Years eve evening, it would be a fortune.

 

As for compensation, yes I could add that kind and hope my time be reimbursed, but I am just asking for exactly what it will cost to get my car which is only 3 years old back to the condition it was in before I hit the pothole.

Edited April 15, 2013 by leilani
missed out a few words

[dw190]

Had you got a garage out to change the wheel and they had caused the body damage, who would you have expected to pay for it?

[Surfer01]

Had you got a garage out to change the wheel and they had caused the body damage, who would you have expected to pay for it?

The point is that if it had not been for the pot hole causing the incident, there would not have been any damage to the wheel or bodywork.

[Ganymede]

The point is that if it had not been for the pot hole causing the incident, there would not have been any damage to the wheel or bodywork.

 

 

It's not reasonable to expert the council to pay for the damage that the OP caused herself.

 

I am surprised that the council has offered anything and is not just relying on a section 58 defence.

[leilani]

It's not reasonable to expert the council to pay for the damage that the OP caused herself.

 

I am surprised that the council has offered anything and is not just relying on a section 58 defence.

 

Is it reasonable to expect damage to your car or be inconvenienced for months, when you pay road tax? (the irony, is I paid the road tax online just 30mins before it happened) Not to mention the anxiety once you have fixed the tyre, that every hole in the road is going to do the same again.

 

Or better still nobody should claim against pothole damage, after all you take liability knowing, some where at some point, there is a pothole and you make that decision knowing this, so it should in theory void any claims.

 

Is it reasonable that a pothole has to be reported by the public before it is fixed? Do you know the procedure and how long winded it is? Very off putting indeed!

 

Do you personally, or anybody who has answered here reported potholes, even if you don't hit one? I can honestly say, I didn't even know I could before it happened. I assumed that the roads were inspected and maintained, and that is what we paid road tax for.

 

The fact the council has offered me something counts to their admission, you can cover it up with legal jargon of good will and hope the person is stupid enough to take it, and make out that it was just one of those things because there is no way that road even though a country lane, isn't busy enough to warrant fixing, or that nobody else had hit one of the craters of which I have plenty of photos of.

 

As it stands, my garage was not open on New years Eve, they also said it was unlikely any garage would have been open until the 2nd. If I had managed to find one they would have charged hundreds. The only thing I could have done was call someone like RAC or AA and sign up there and then, did I think of that? No, I was just concerned that I needed to be away from that road and the dangers it presented. Plus I would have had to have at least £50 to do so, which I didn't. Would I have got that back? I doubt it.

 

So I ask, has anyone on this thread actually had pothole damage?

[raydetinu]

The roads are in a terrible state, and councils/HA are aware of it, it just comes down to money to do the repairs and as there other things that take priority over this, this is the result.

And the councils/ha accept it and do pay for damage as caused when claims are submitted!

[Old Cogger]

The government have an average 1.5. million to councils I have been told by an MP, but like some councils have taken off 1.0million for other expences! if a high court involved here, then a Barraster of any worth would submit that any incident would not of happened if the road was in a good state of repair. = and the outcome ??? councils will do anything to avoid a judgment no doubt.

 

 

like road sweepers a few years ago, the main road here was swept to every bodies amazment, oh1 The Queen of the Nederlands was due to pass by here in the next 2 hours. so nothing has changed.

[Ganymede]

Is it reasonable to expect damage to your car or be inconvenienced for months, when you pay road tax? (the irony, is I paid the road tax online just 30mins before it happened) Not to mention the anxiety once you have fixed the tyre, that every hole in the road is going to do the same again.

 

Or better still nobody should claim against pothole damage, after all you take liability knowing, some where at some point, there is a pothole and you make that decision knowing this, so it should in theory void any claims.

 

Is it reasonable that a pothole has to be reported by the public before it is fixed? Do you know the procedure and how long winded it is? Very off putting indeed!

 

Do you personally, or anybody who has answered here reported potholes, even if you don't hit one? I can honestly say, I didn't even know I could before it happened. I assumed that the roads were inspected and maintained, and that is what we paid road tax for.

 

The fact the council has offered me something counts to their admission, you can cover it up with legal jargon of good will and hope the person is stupid enough to take it, and make out that it was just one of those things because there is no way that road even though a country lane, isn't busy enough to warrant fixing, or that nobody else had hit one of the craters of which I have plenty of photos of.

 

 

 

No, it is not an admission of liability.

 

Is it unreasonable to expect a person to be able to change a tyre properly? I would say that the damage is too remote.

 

The Council only have a duty under the Highways Act 1980 to have a "reasonable" system of inspection. If you really want to push this ask for records of their inspections of the last 18 months for the road in question.

[Ganymede]

if a high court involved here, then a Barraster of any worth would submit that any incident would not of happened if the road was in a good state of repair. = and the outcome ??? councils will do anything to avoid a judgment no doubt.

 

 

See my post above, the Council only have a duty under the Highways Act 1980 to have a "reasonable" system of inspection.

 

Courts hate these types of claims and often side with the Council in relation to their Section 58 defence.

[erickawear37]

It only makes sense to except the cost of total damage surely? Otherwise it looks as if your taking some responsibility for the accident yourself, which wasn't your fault. You pay council tax,road tax, your entitled to a decent standard of road to drive on, plus it might pull there fingers out a bit more.

[Ganymede]

It only makes sense to except the cost of total damage surely? Otherwise it looks as if your taking some responsibility for the accident yourself, which wasn't your fault. You pay council tax,road tax, your entitled to a decent standard of road to drive on, plus it might pull there fingers out a bit more.

 

 

Nobody is saying that we shouldn't be entitled to a decent standard of roads but equally why should we pay for the damage to the OP's car that she caused herself. Remember it is our taxes paying for it.

[Surfer01]

Nobody is saying that we shouldn't be entitled to a decent standard of roads but equally why should we pay for the damage to the OP's car that she caused herself. Remember it is our taxes paying for it.

 

Why are you ignoring the fact that the damage would not have happened if the car had not hit the pot hole? The OP should pursue it all the way and be compensated for all damage as a result of the pot hole. If more people did this maybe they would start improving the roads as after all, you pay road tax, VAT or fuel, VAT on any car servicing etc. Time to get a return for your investment!

[erickawear37]

I used to work for the highways department for my local council about 7 years ago and trust me they waste there money on others things I'd rather not pay for. For example, the signage department had 40K of their budget left at the end of the year, so they blew it on loads of things that didnt need doing just so there budget would be kept the same the following year. Folking out for someones damage costs that they caused (granted it was a bit of chain reaction) would only skim the surface.

[leilani]

Well there's hope for all who hit a pothole and claim for damages.

 

After a series of letters back and forth to the claims manager, who wouldn't budge on how much they were going to offer me...which was for the tyre and wheel only. I contacted my local councillor who was very supportive and my MP who wrote to the Chief Executive backing up my claim that If I hadn't hit the pothole I wouldn't have damaged my car.

 

Today, I got a letter offering me the full amount I claimed for! Victory! :whoo:Of course I have to now sign that they are not liable, but hey...that's fair.

 

So, don't give up hope! If you have a legitimate claim with as much evidence as possible, reported, receipts, photographs there and then and after, then continue to put the pressure on by contacting your MP if you are being fobbed off!

 

Oh and one more thing...call AA or RAC before changing the tyre, that way, you can learn by my mistake. If you don't have AA ring them and set up a policy there and then...if you can afford to do so that is! Best of luck!

[raydetinu]

well done