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Two burst tyres (Pothole)

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Old 09 February 2009, 09:15 AM
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boxst
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Default Two burst tyres (Pothole)

Hello

Just driving to work this morning at 6am and suddenly whack whack and two tyres burst. There were several huge potholes in the middle of the road.

I've just replaced the tyres and phoned the council. Before I argue with them, can I claim for the tyres? Or do I have to go to my insurance company? (which I wont bother to do)

Thanks,

Steve
Old 09 February 2009, 09:19 AM
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Did you take any photographs of the potholes, I would think if you were to claim against the council these would be vital.
Old 09 February 2009, 09:23 AM
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Paul3446
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Get as much photo evidence as possible and I reckon you should be able to make a claim for this.
Old 09 February 2009, 09:33 AM
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Exactly the same thing happened to me on friday but luckily, it was in my company car so they had two new tyres and a mobile fitter out to me within 2 hours

Trouble is with potholes (and this has been discussed many times) is that the council will argue that if they don't know about it, they don't accept liability for it - see if you can take some pictures of potholes with white paint round them - they're the ones which they do know about and therefore have full repsonsibility for.
Old 09 February 2009, 10:00 AM
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I have successfully claimed from a council in the past. You will need photographs plus the damaged tyres, as they will try to pay only for the part-worn tyre (if they pay out at all).
Old 09 February 2009, 11:42 AM
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PaulC72
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good luck with that claim, tried o claim off a council before for a large pothole and the puncture is caused all letters kept saying it was severn trents fault, severn trent said it was the council and so on until I go bored as it was taking up too much of my time for the £115 claim.

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Old 09 February 2009, 11:47 AM
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boxst
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Thank you for the replies. I will see how far I get. There were three people stopped by the side of the road with the same thing.

Steve
Old 09 February 2009, 12:11 PM
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Markus
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Steve,
As others have said, get photos of the potholes, plus, if there are others there now, get statements from them as well, if they don't mind, and pictures of their damage too.

Certainly see what the council will do, they will obviously try and wriggle out of it, but don't let them. It would not surprise me if they said it wasn't their fault as they contract out their highway maintenance to some other company, in which case, you want the name of the company and a person there whom you can speak to. Prepare for them to claim you need to speak to someone else and/or the council.

When you speak to the council, get the name of the person you are dealing with and also get an address and say you want to send in written evidence, and do just that. Obviously keep copies of what you send.

Though not a pothole, many years ago there were roadworks at the bottom of my road and for many weeks afterward a pile of rubble was left, which should have been removed, a) because they are obliged to do so, and b) because it was not surrounded by cones and lights, and a few people had nearly driven into it, so the council had had complaints about it before, and said as much when I reported it to them.
One night some oiks decided to grab a rock from the pile and throw it at my car, causing damage to the bonnet.

I had the rock, and took photos of where it came from, it was obvious it was from the pile of rubble. I contacted the council and submitted my evidence, they said that they contracted out the work, so I contacted the other company, who claimed there was no-one from their company working on that street, so it wasn't them. I decided to get more photos the next morning and what a shock, a clear-up team was there, so I got pictures of them, and phoned the council/company back and asked if it wasn't them then who was clearing things up. Again the cold shoulder. I re-submitted my evidence and eventually got a letter from the council saying it wasn't their problem, so they consider the case closed. I should have pushed on, but this had dragged on for a few months and I'd had enough, so I let it slide. Foolish I know, but hey ho.
Old 09 February 2009, 12:21 PM
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Jay m A
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Unfortunately you have to play them at their own game, so drive around and find a hole thats already been earmarked for repair, take the photo and claim on it. Its got to be a marked hole
Old 09 February 2009, 01:10 PM
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I have successfully claimed for a few tyre. Took a while, but I got my money for the new tyre. Take lots of pictures.
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