Pot hole - large bill

redsonnylee

Member
Messages
1,550
I went over a very large pot hole in the dark, so no chance of avoiding it. So just a reminder to everyone to be careful on our roads.

So far:
Broken chassis leg mount.
Broken lower arm.
Need a new radiator.

So no more spending on the new year sales for me.
 

Parisien

Moderator
Messages
34,927
Very unfortunate Tony, are you putting a claim in? If so get out there and photograph it and take measurements


P
 

conaero

Forum Owner
Messages
34,632
Get the council to pay for it, you will have to take them to the small claims court but they will pay the day for the appearance. Just be warned they use all sorts of underhanded techniques to wriggle out of it so you have to be persistent.

My council solicitor sat in the waiting room and ignored the case being called, then the case was awarded to me. The council solicitor then explained that he did not hear the call so it had to be rescheduled. Then they claimed that I sent the claim to their highways subcontractor (as they told me to do) so we had to redo all the paperwork and start again.

Then 9 months later I get a phone call the day before the trial offering 50% payment. I said no way and they coughed up the full amount if I dropped the case.

Its all standard practice with these b@stards, dont let them get away with it.

I got £900 for a new alloy and tyre.
 

redsonnylee

Member
Messages
1,550
Thanks for the advice, have also asked for photos of all damaged parts. Ok, so a very lengthy process, I have a solicitor so will get him going & hope for closure in about 2016 :)

Am not telling my wife yet as I only just put the Larini boxes on.

Btw- it's down at Giallo now being repaired so hopefully should have it back in about 10 days subject to parts being available.
 

2b1ask1

Special case
Messages
20,277
I feel for you Tony, lost a rear wheel and tyre on mine last month to an unavoidable pothole! The downside of running low profile...
 

hodroyd

Member
Messages
14,150
Make them pay, they are getting away with a massive amount and just not doing anything, so take them for everything you can get..!!
 

CraigWaterman11

Sponsor
Messages
762
D@#$, and I though we had bad pot holes in Boston! What do you guys do drive around with a jack in the boot and jack them out of the holes when you fall into them! Very sorry and I hope it gets worked out for you.
 

Doohickey

Velociraptor
Messages
2,497
As I understand it, the Council is only liable for damage caused by a pothole that they know about and haven't repaired in time (though I'm happy to be corrected). Quite how you prove that they already knew about it isn't entirely clear!
 

redsonnylee

Member
Messages
1,550
Make them pay, they are getting away with a massive amount and just not doing anything, so take them for everything you can get..!!

As I understand it, the Council is only liable for damage caused by a pothole that they know about and haven't repaired in time (though I'm happy to be corrected). Quite how you prove that they already knew about it isn't entirely clear!

I contacted the council earlier and you are correct, I also checked the pot hole register & it was not there. So I'll perservere but it looks unlikely to get a positive outcome. So its beans on toast for a while :)
 

Migliore

Junior Member
Messages
129
D@#$, and I though we had bad pot holes in Boston! What do you guys do drive around with a jack in the boot and jack them out of the holes when you fall into them! Very sorry and I hope it gets worked out for you.
"drove down a little backstreet called the M5"
 

CraigWaterman11

Sponsor
Messages
762
@ Chris if you truly need a Boston based geek let me know who you need/what you need in him/her and I will see what I can do for you. I'm not sure what level you are looking for but I can put feelers out in MIT or probably just about any college in the area you need. Let me know if I can help. I can grab some resumes from some people our at least look into people I know that are ground pounders.

@ All.......... it's the same way here in Boston or most places in the U.S. really. First you must prove they had prior knowledge, and they didn't fix it in a reasonable time period. The only way to do that is to have the same office turn over those files/complaints that they had previous knowledge about. As you know they really aren't going to do that. One other way is if you know of a person who has previously lodged a complaint, and could get a copy of the complaint from that person. Then prove they didn't fix it in a reasonable time period, from the date of the complaint.
 

CatmanV2

Member
Messages
48,797
Craig, I'll mail you. I will be needing someone soon, it's more a case of hire internally or externally.

Cheers

C
 

hodroyd

Member
Messages
14,150
If a Council are not aware of a pothole bad enough to do substantial damage, then they have failed in their duty to use road surface inspectors in good time to prevent the break in a road surface getting severe..!! Councils employ people to do this, they can't have it both ways and continually abdicate responsibility..!!
 

bigbob

Member
Messages
8,972
If a Council are not aware of a pothole bad enough to do substantial damage, then they have failed in their duty to use road surface inspectors in good time to prevent the break in a road surface getting severe..!! Councils employ people to do this, they can't have it both ways and continually abdicate responsibility..!!

Been here before with this, all councils have inspection timetables for different types of road which can vary between one week and three months with A roads obviously being the most frequent. If no onne has reported the pothole and they have not missed the stated inspection date then you will struggle to get anything.