Claiming against the local council?

Discussion in 'Lounge' started by El Toro, Dec 10, 2012.

  1. Driving home tonight I hit a bad pothole (poor street lighting too) and burst my near side front tyre on the car. Managed to limp home and I'll look at it in the morning to change the wheel and see what other damage has been done, if any.

    I'll also visit the "scene of the crime" and take some pics of he offending pot hole as evidence.

    What's my chances of claiming for a new tyre/wheel/my time from the council and is there anything else I need to do to strengthen my claim?
     
    #1 El Toro, Dec 10, 2012
  2. You should have a pretty good chance I would say especially if you have photos to support your claim. The Council have a duty to maintain the roads in a serviceable condition although they might try to wriggle out of it if no-one else has reported this particular pot hole. My wife made a claim last year after her car suffered a broken spring when it hit a bad pot hole and it was settled pretty quickly. Give it a go and don't take 'no' for an answer. Good luck.
     
    #2 midlifecrisis, Dec 10, 2012
  3. Get a load of pics before it gets filled in - I reported one earlier in the year, they are quick to jump on them when they do get reported... what profile tyre was it? I thought mine had been dented at least & had to stop & take a look, such was the *THUD* :eek:
     
    #3 470four, Dec 10, 2012
  4. i did all that.........local council to me would rather give a poxy law firm £100 to send me a f off letter than just replace a tyre.....bastids!
     
    #4 andyb, Dec 10, 2012
  5. I have low profile tyres on my car. And I too heard and felt a bloody great thud, then the steering went stiff. That's when I knew the tyre was bolloxed. :mad:
     
    #5 El Toro, Dec 10, 2012
  6. Same here, wrecked 2 run flat tyres on the wifes Mini on a pothole, loads of pics before they filled it in. They also sent a report saying the road was last inspected in Mar 2011 and they werent liable. We are taking it to a local solicitor, even if it costs more to pay the solicitor, its the stinking attitude of the council and me just being bloody minded now.

    The thud was that bad it threw the headlights out of adjustment!
     
    #6 JimVee, Dec 10, 2012
  7. They all use the same excuse....

    ...'The road was inspected 'yadayada' Unless we have been notified of the road condition and there is a spray marker line around the defect, we are not liable'

    I spent nearly a year trying with a claim against Essex......they tell lies and fiddle the records.

    I thnk you will be very lucky to succeed with a claim.

    PS....I have been trying to find out for ages in what month 'yadayada' is.....



    AL
     
    #7 Ghost Rider, Dec 10, 2012
    Last edited by a moderator: Dec 10, 2012
  8. As I said elsewhere: try cycling a bit to find all sorts of potholes you didn't even knew existed. Such fun to encounter them at night. Never thought of filing a complaint to the council, but then it's just a bureaucracy that is out to screw you, from most of the dealings I've ever had with them (Wandsworth at any rate).

    Bonne chance mon ami!
     
    #8 gliddofglood, Dec 11, 2012

  9. excellent if somebody has reported that pot hole to the council beofre you had an accident - its cut and shut that they were negligent in not fixing it

    if nobody has reported it then you have to prove that they were negligent - a lot harder to do
     
    #9 popelli, Dec 11, 2012
  10. My local council (Elmbridge) actually have a policy to fight all such claims made against them even though they loose 60% + it seems they just like chucking my money away needlessly.
     
    #10 Kato, Dec 11, 2012
  11. I feel for genuine claimants, problem is there are an awful lot of bogus claims and chancers out there.
    I used to sit next to our insurance dept, the stuff they used to deal with was shocking! Parents would actually lower their kids into and excavation (some gas), take pictures, then claim the child had fallen in due to the site not being secured...:eek:
     
    #11 Nelson, Dec 11, 2012
  12. That's Swindon for ya lol :biggrin:
     
    #12 El Toro, Dec 11, 2012
  13. its ratepayers money often being squandered on fradulent claims and they have a duty of care with rate payers money

    its a shame they do not put as much effort into maintaining the roads and preventing claims in the first instance
     
    #13 popelli, Dec 11, 2012
  14. If the pothole has been reported and the council or their contractors have not repaired the defect then the council are liable, there is a website called fixmystreet that has a record of potholes reported thru their webpage it could be worthwhile having a look on there. Most councils rely on general public to report potholes before they take any action so its in our interest to report any you see it only takes a few minutes and it could save injury or damage.
    Best of luck
     
    #14 catweazle, Dec 11, 2012
  15. They still live in said 'oles 'round these parts and Gas is the work of Lucuifer!
     
    #15 Nelson, Dec 11, 2012
  16. #16 Pete1950, Dec 11, 2012
    • Like Like x 2
  17. Complaint in to the council - we'll see where it takes me :rolleyes:
     
    #17 El Toro, Dec 11, 2012
  18. That's yr bin never emptied again...:wink:
     
    #18 Nelson, Dec 11, 2012
  19. Ain't that the truth :tongue:
     
    #19 El Toro, Dec 11, 2012
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