Pot hole claims against the council.

[aran20]

I was competeing in a Time Trial race today and hit a big deep pot hole, which was unavoidable due to cars behind me and on-coming traffic, (swerving to miss the pot hole could have meant either being hit from behind or causing the following car behind me to swerve to miss me and hit oncoming traffic). Anyway I managed to get my front wheel over the hole but not so for the rear wheel. A £1000 pound disk wheel written off in an instant.

Where do I stand? Can I put a claim in to my local council? If so how do I go about it? I went back and took loads of photographs, but thats as far as I've got... Has anyone ever made such a claim? Can anyone please help?

 

[john59]

Have a look here to see if it has been reported before.

http://www.fillthathole.org.uk/


John

 

[aran20]

Thanks John... Looking at the website, it hasn't been reported.

 

[Young Un]

Ouch, good luck with your claim Aran!

 

[wyno70]

Aran, I am in the process of claiming from my council. I am hopefully due a settlement in the near future.

I went on to the county council web site to see who looked after that bit of road and then contacted the highways department (I phoned them first to ask their process). I then emailed them details of the accident, where the pot hole was and details of what I was claiming for, along with pictures of the hole.

This was December 2008.

They forward the info on the their legal department, who sent a stroppy letter stating (a number of times) that they always prosecute fraudulent claims and asking if I had made any such claim in the past. I haven't and to be honest, the letter was that strongly worded, that in my opinion, it is designed to scare you off claiming.

It also states that they have a 3 month period to settle the claim (from when they acknowledge it).

I wrote back to them, advising them that I have never claimed in the past and that I am expecting speedy and favourable settlement of my claim (fat chance on the speedy bit!!!).

I have been in contact with their solicitor who advised me that she has to contact the highways department and is awaiting a response from them. This was a couple of weeks ago. Coincidentally, I phoned them Thursday for an update and am expecting some kind of update come Tuesday.

I'll keep you posted.

My advice would be to phone the highways dept at your local council, simply to advise them you will be making a claim and asking them what their process is, then get it going.

Incidentally, the pot hole was repaired within 48 hours of me reporting it!!!!

Good luck and I'll keep you updated of any progress, as and when it happens.

 

[cheadle hulme]

If somebody has already reported it (wink), then you stand a better chance of claiming.

 

[aran20]

Wow thanks for this...

this was the hole I hit

Aran, I am in the process of claiming from my council. I am hopefully due a settlement in the near future.

I went on to the county council web site to see who looked after that bit of road and then contacted the highways department (I phoned them first to ask their process). I then emailed them details of the accident, where the pot hole was and details of what I was claiming for, along with pictures of the hole.

This was December 2008.

They forward the info on the their legal department, who sent a stroppy letter stating (a number of times) that they always prosecute fraudulent claims and asking if I had made any such claim in the past. I haven't and to be honest, the letter was that strongly worded, that in my opinion, it is designed to scare you off claiming.

It also states that they have a 3 month period to settle the claim (from when they acknowledge it).

I wrote back to them, advising them that I have never claimed in the past and that I am expecting speedy and favourable settlement of my claim (fat chance on the speedy bit!!!).

I have been in contact with their solicitor who advised me that she has to contact the highways department and is awaiting a response from them. This was a couple of weeks ago. Coincidentally, I phoned them Thursday for an update and am expecting some kind of update come Tuesday.

I'll keep you posted.

My advice would be to phone the highways dept at your local council, simply to advise them you will be making a claim and asking them what their process is, then get it going.

Incidentally, the pot hole was repaired within 48 hours of me reporting it!!!!

Good luck and I'll keep you updated of any progress, as and when it happens.

 

[wyno70]

Mine was a drain, with the drain cover missing, going downhill at about 30mph!! The road surface in general was very bad, which was why I was tight to the kerb as it was the only decent bit of tarmac!!!! Certainly made a mess of my carbon rims. Only the front one, as the back one was somewhere above my head as the bike somersaulted over me and the hole. Neat trick and a great way of not wrecking 2 rims!!!

Luckily only cosmetic damage to the rim, my helmet and leggings! I am the veteran of many a motorbike crash and appear to bounce well!!

 

[Dave Higgin]

Good luck with the claim. I had a similar "accident" in a 50 mile charity event and tried to make a claim. The council put it in the hands of their solicitors and had pretty good inspection records - so the burden was on me to prove that they had been negligent. I thought of going to small claims court - you can do it "on-line" by the way. The fee was £30 which you get back if you win. The CTC also do an information pack through a firm of solicitors which provides you with the basics. As my wheel was not particularly expensive, I decided not to pursue the claim BUT in your position (£1000!) I would be tempted to go through the small claims court. Hope this helps?

 

[ASC1951]

The council put it in the hands of their solicitors and had pretty good inspection records - so the burden was on me to prove that they had been negligent.

Yes, that's the difficulty. I wrote off a front rim on pothole near Pateley Bridge (coming downhill at 35 mph - I nearly came off) and the council could show that they had inspected this rural road within the last six months. If I could have shown that it was there before their inspection, I would have taken it further, but I came to the same conclusion as Dave.

The roads in Leeds are full of holes, especially towards the end of their budget year. Most of my regular routes finish over holes as big as the OPs but I know where they are.

If we want our roads to be free of defects all the time Council tax would go up with a thump.