ChatterBank2 mins ago
potholes.co.uk
8 Answers
Has anyone seen this site, it gives some good advice on how to claim if your car or bike or whatever has been damaged by a pothole, i am just about to write my letter to the council to claim as i hit a pothole on the way to work this evening which caused me to fall off my Moped! :-( I was not happy, it felt more like a crater than a pothole and some idiot was coming towards me with full beam lights on which didn't help matters! fingers crossed i shall get some money to repair the damage to my bike! :-) has anyone else had a bad experience with a pothole? please share.
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A few words of caution:
The council will only be liable to pay compensation if you can prove NEGLIGENCE on their part. If they reject your claim (and you pursue it through legal action) you will need to show either that the council's system for checking for the presence of potholes was inadequate (i.e. they never really bothered to check that the road was in a decent condition) or that they knew about the pothole but failed to deal with the problem within a reasonable period of time.
As an analogy, let's assume that you suffered an injury after slipping on a spillage in a supermarket. If you could show that the supermarket did not have any systems in place for spotting, and dealing with, such spillages you could get compensation. Similarly, if you could show that the supermarket was aware of the spillage but didn't respond fast enough to prevent your injury, you would have the right to receive compensation. But if the supermarket could show (perhaps through its CCTV coverage) that the spillage occurred less than a minute before you slipped you would not be able to get compensation because a court would almost certainly rule that it was unreasonable to expect a store to respond instantaneously to every spillage.
If the pot hole had only recently appeared, you've probably got little or no chance of a successful claim.
The council will only be liable to pay compensation if you can prove NEGLIGENCE on their part. If they reject your claim (and you pursue it through legal action) you will need to show either that the council's system for checking for the presence of potholes was inadequate (i.e. they never really bothered to check that the road was in a decent condition) or that they knew about the pothole but failed to deal with the problem within a reasonable period of time.
As an analogy, let's assume that you suffered an injury after slipping on a spillage in a supermarket. If you could show that the supermarket did not have any systems in place for spotting, and dealing with, such spillages you could get compensation. Similarly, if you could show that the supermarket was aware of the spillage but didn't respond fast enough to prevent your injury, you would have the right to receive compensation. But if the supermarket could show (perhaps through its CCTV coverage) that the spillage occurred less than a minute before you slipped you would not be able to get compensation because a court would almost certainly rule that it was unreasonable to expect a store to respond instantaneously to every spillage.
If the pot hole had only recently appeared, you've probably got little or no chance of a successful claim.
http://www.blackpoolg...our-car-to.6614536.jp
I don't know whether the council where you live has similar rules, but here in the Blackpool area they are under no obligation to fix the potholes if they measure under 40mm in depth. They will not pay out compensation if the pothole was not that deep.
I don't know whether the council where you live has similar rules, but here in the Blackpool area they are under no obligation to fix the potholes if they measure under 40mm in depth. They will not pay out compensation if the pothole was not that deep.
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