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Bleat Pots’ll wait
Several months ago, both my personal cars suffered damage on local roads due to potholes and obstructions (granite boulder / set) in the road. I have since filled in forms and sent these off to the council with copies of all expenses incurred, except my time. I replaced the wheel and tyre on the Volvo with second-hand parts to minimise the cost that would have run to hundreds of pounds. The Audi tyre was replaced with a new tyre. The council’s response to my letter states that they will only pay for part of the cost for one tyre (Audi) and the damage caused to the Volvo (one wheel and two tyres) is not their problem as the road is inspected 4 times per year. The obstruction was removed by the council within a few days of my telephone complaint therefore leading me to feel that they are responsible.
Can you please let me know if I should pursue my claim for all expenses incurred on both cars.
Can you please let me know if I should pursue my claim for all expenses incurred on both cars.
Asked on 21 March 2009 by
Answered by
Honest John
See www.potholes.co.uk You only have a right to sue a council over pothole damage if it has been negligent. So if someone else reported a pothole and it was not repaired you have a case. Or if the council's inspection programme is obviously inadequate (in your case potentially leaving a pothole unrepaired for 2 - 3 months) then you may have a case. But the fact that the council acted promptly over your complaint counts against you.
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