Hole In the Road = Damaged Car - Page 2

***Mr D*** · 23-06-2007, 15:55

Quote:

Originally Posted by Lampman

I once read of a similar case,it was a bit catch 22,if the hole had been previously reported and not rectified then the agreived had a case.
If the council was unaware of the hole,then there was no case to answer.
As they say across the pond,'go figure!'

This is the approach I am expecting, however I rang Accy Highways Dept and it would aprear that there is a water leak or something under the road which has cause it to collapse.

So I would presume the council will claim for road repairs from them.

In turn Hopefully the council will compensate me and claim that back also from water board.

The saga continues.

jambutty · 23-06-2007, 18:00

Quote:

Originally Posted by ***Mr D***

I was driving to work the other day, driving down Black Abby Street, I then felt the car drop and bang the front end as I have gone into a pot hole.

Now this is my problem, it has defenatly damaged my bumper, no cracks just dislodged it and I have gained a water/coolent leak.

I reported it to the council/highways on the day it happened and they are now in the processs of fixing it.

They have said they will send me a claim form. Now I feel they will not want to pay for anything.

Has anyone had a claim of the council for damage to a vehicle due to road defects? If so how did you get on?

Your problem will be to prove that they were negligent in not making the repairs. In a nutshell you have to prove that the council knew about the hole and did nothing about it in a reasonable amount of time. What’s a reasonable amount of time? How long is a piece of string?

They are unlikely to tell you that Mr Bloggs reported the hole three weeks ago. Even if you got half a dozen witnesses to say, “yes the hole has been there for three months” it still doesn’t prove that the council knew about it. And that is the crux of the issue – the council KNOWING that there was a dangerous hole in the road. Of course you could always argue that a competent Highways Dept of the council should be aware of the state of the roads under their jurisdiction but they will probably have an answer to that.

I wish you luck in your claim.

Sadly mallard your road tax does not cover urban roads. That is down to the local authority.

mrjdallen · 23-06-2007, 18:05

i had to take pictures of the damage, and contact the police as the council requested a police log number. was not ahppy it took tyhe council 3 months to pay out.

mallard · 23-06-2007, 21:00

well i would have to a photo of the hole in the road and then complaned to the council and take your photo to were you are insured.

madmal_1 · 23-06-2007, 23:21

cant you claim of your insurance after all it is still a accident

***Mr D*** · 24-06-2007, 10:12

Quote:

Originally Posted by mallard

well i would have to a photo of the hole in the road and then complaned to the council and take your photo to were you are insured.

I work where I Insure my car.

Quote:

Originally Posted by madmal_1

cant you claim of your insurance after all it is still a accident

I could claim but No way, firstly I have a £300 Excess and secondly it would be down as a fault claim which will more than likely put my premiums up at renewal.

Hence why I am going straight to the council to claim.