Rice Rocket..

Any successfully claimed for the above off the councils, if so any tips in doing so?

Got pics of the hole and reported it so i just need to fill out the form and send it back, but just wondering if i need to put in some extra info to help my case.


Thanks

Ricey

[Davey]

You need dated photos and measurements of the pot hole taken from a flat reference, i.e. a piece of wood across the hole and a ruler to show the depth..

You then need to contact the council and ask who their insurers are, then write to them direclty..

aqua

I actually managed to get one of the Council workers out as well to show the hole and the damage to the wheel and tyre. He then made appropriate notes which eased the claim which was successful in the end.

I also had a witness which helped.

Good luck.

corradoboy

They are only liable if the pothole has been reported to them during the last 7 days or more and they have failed to rectify it, or if the hole has been there for some time and they have failed to act upon their inspection/maintenance policy. I was lucky in that I had an independent witness who lived on the street in question who was prepared to testify to the hole being present for in excess of 18 months, and that he had reported it several times as well as writing to the local councillor, newspaper etc. The insurance company still denied liability and I was forced to serve small claims papers, after which they seemed keen to pay as it would cost them more to mount a defense than the cost of my repairs. You will more than likely have to go this far, and be prepared to go to SCC if they play hardball, but don't give up on the first refusal as so many do. That is exactly why they do it.

[Davey]

@corradoboy: Good point!

We had a similar problem with a hole causing damage, the hole was caused by a leaking water main so at the time the council tried to blame Thames Water but it turned the council had recently tried to 'help' by filling the hole with tarmac (while the pipe was still leaking) which broke up and made it worse.

s3emo123

Yes you must measure the pot hole it must be more than 25mm deep to claim depending on what type of road it is if its a main road they should be inspected once a month you can request the last inspection for that road if the hole is on the inspection but no repair has been made you have a strong case if the authority dosent know about the hole they can not be liable as holes can happen overnight if they have neglected to inspect the road when it was due you again have a good case but you must measure it

Rice Rocket..

Thanks for the info, the hole was on a dual carriage way in the centre of the road so measuring it etc was impossible due to the where it was. I think i will ask to see the road inspections report for that area.

Thanks