Pothole

[Kassee]

My son hit a pothole in the road and lost control of his car eventually crashing into the bank. The car is a right off, the underside is badly damaged.
Should he contact his insurance company and sort it out through them, or try and sue the council who left the pothole in the road.

If he contacts his insurance company, can he still sue the council as well. His car is ruined.

[factor-fiction]

He has to notify his insurer of the accident anyway. I think the council would fight such an expensive claim and it could take well over a year to be resolved. Why not let your insurer deal with it and try to reclaim from the council if it thinks fit

[bednobs]

agree with factor - if he is fully comp, let the insurance company sort it and then they can claim from the council for their losses

[boxtops]

Let his insurance company do it

He needs to rell them who is responsible for Highways in your area (in ours, it's the county council) and send a report with the dimensions of the pothold - including depth, and some photos.

If the insurers make recovery, he'll probably still have to contact the council direct to recover his excess, but he should take advice from his insurane company as to when's the best time to do that.

No point in suing the council in the first instance - that's what he pays his insurance premium for, they'll do it.

[hc4361]

Absolutely he should claim from his insurance.

He could sue the council for any excess he has to pay and other connected, uninsured losses such as hire car but there is no guarantee he will succeed. It is dependent on many factors and the council is only liable if your son can prove the council has been negligent. If he has legal expenses cover on his car insurance he can start his claim through that.