damaged wheel in pothole

[yorkybar]

How do I get the highways dept to pay for a damaged wheel after hitting a rain filled pothole at night ?

[Ethel]

You have to prove that the pothole had been there some time, that the body responsible was aware of it and failed to repair it within reasonable time or put warning signs up

[Buenchico]

Ethel's answer is technically 100% correct. i.e. you can only sue for compensation if the local authority (or other relevant body) has been negligent. Clearly, they can't inspect every inch of every road on a daily basis, so you'd need to show that they'd either failed to carry out inspections at reasonable intervals, or that (having discovered the pothole) they'd failed to take appropriate action (within a reasonable time-scale) to remedy the problem or to warn road users about it.

However, it's worth simply sending them the bill to see what happens. Write a letter along the lines of the following:

"Dear Sir,

While cycling/riding/driving along the B1234 at 10.50pm on Friday, 29 August 2008, my bicycle/motorbike/car struck an unmarked pothole on the northbound carriageway close to the junction with the B4567. This resulted in damage to the nearside/offside/front/rear wheel of my bicycle/motorbike/car. I enclose a copy of the bill for repairs to this damage, amounting to �XX.xx.

I understand that Blogshire County Council is responsible for maintaining the road surface at this location. I write to seek compensation for the damage to the wheel of my bicycle/motorbike/car. I look forward to receiving your remittance. Prompt payment will avoid the additional costs associated with a claim made through the courts".

Unless the amount is really large, many local authorities will simply pay up promptly rather than have the time of their lawyers wasted on a small claim. (My father tripped on a raised flagstone and ripped the knee of his new trousers. He sent the council a similar letter, together with a copy of the receipt for a new pair of trousers. He received a cheque by return of post).

Chris

[a-new-user]

ha ha ha

[a-new-user]

spray some yellow road marker around the hole!

[BertiWooster]

.