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How do I claim for damage to my car caused by a pothole?

A few weeks ago, I damaged my wheel and tyre in a pothole. The cost was £340 for a new wheel, as it was unable to be repaired. I phoned the roads department and got a claim form. I photographed the pothole and the wheel and sent it off to the roads department, along with the receipts for a new wheel. The next day we returned to the site and the pothole was marked with black paint, and the following week it was marked with yellow, and within the month it had been repaired. There was no marking of black paint on the road the day of my mishap and that was Friday at 4.20pm. The reply was that on the day of the accident one of the roads department had been around, and an urgent work instruction was issued. I have only their word for that. The letter states that they are sorry for my loss. Can you help?

Asked on 29 July 2010 by Greenbank Rennie

Answered by Dan Harrison
Back in June we put this advice together for anyone looking to put together a case for compensation. Hope it helps:

According to recent reports, only one in nine drivers making claims for vehicle damage caused by potholes to the Highways Agency were successful. Yet, despite the widespread damage to UK roads as a result of the gruelling winter, local councils are reported to be rejecting many legitimate claims by British motorists whose vehicles have sustained damage due to potholes that have not been filled. Leading independent consumer motoring expert, Honest John, is offering some simple advice on how to make a successful claim.

“Evidence suggests that cases are being rejected where a driver can’t prove that a pothole was the source of the damage. Therefore, it is imperative that the driver goes through the proper channels to report the poor road conditions to the relevant council if they are going to be successful with their claim.” says Honest John.

Honest John believes that if motorists follow a simple procedure they will have no reason to think their claim will be rejected.

• Anyone is invited to report potholes to www.fixmystreet.co.uk or www.potholes.co.uk

www.fixmystreet.co.uk or www.potholes.co.uk then reports the pothole to the relevant council, and it becomes a matter of record.

• If the pothole is not then filled within a reasonable time (a week), then the council is responsible for any further damage it causes.

• So anyone with damaged suspension or wheels should first check if the pothole was reported via www.fixmystreet.co.uk or www.potholes.co.uk , and if it was they have a case for compensation.

• Anyone who spots a pothole should help everyone else by reporting it
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