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BFO pothole = £250 repair bill

25 posts & 13 voices | Started 1 year ago by TheFunkyMonkey | Latest reply from andyl

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TheFunkyMonkey - Member

So on monday evening coming back from work, I was forced into what can only be described as a crater in the road. I say forced, I knew the hole was there, but it was a fairly narrow road and on a bend. There was a car coming round the corner way too fast and too far over, so I had to move quick.

There was a massive thump, a clang, and then the van rattled and cluncked all the way home.
Quick look under the dash confirmed the suspension strut had gone through the mounting and shattered the bearing too.

Repair bill came to £251, which I wasn't best pleased about to say the least. Van is a long wheelBase, Citroen Relay, 3.5 ton.

Went back this morning to take pics and measure it, with the intention of putting a claim in, however the hole in question has now been filled in!!!!!!! They must have done it yesterday, ANNOYINGLY!

So, what should I do now? Find another hole and say it was that, go forward with a claim on this one anyway?

I've got the garage invoice and broken bits still as evidence.

Posted 1 year ago #
wwaswas - Member

it's difficult - they knew there was a hole and filled it in, which, I think, means they've dishcraged their statutory duty.

You coudl try anbd contact your insurance company but that'll affect premiums and also depends what excess you have...

Posted 1 year ago #
bazookajoe - Member

Probably not straightforward. If the council in question had been aware of the pothole then you may be eligible to put in a claim. However, if they hadn't known about it or had it reported then they may take the line that they weren't aware of the pothole and so not liable to pay out as they would not have had an opportunity to fix it.

However, if it's been filled in they perhaps were aware of it and had it reported. Were other potholes filled in on the same stretch? If so, it's possible the road had been surveyed as needing repairs in which case the pothole would have been known so you might have a case.

Posted 1 year ago #
TheFunkyMonkey - Member

Yes, looks like they put a fair bit of tarmac down. Just concerned that they'll just shrug shoulders and say nothing we can do now it's filed in. then i'm stuffed as wouldn't be able to say it was a different one then

Posted 1 year ago #
cynic-al - Member

They've only not discharged their duty if they don't have a reasonable inspection regime, or knew about it for too long before fixing it.

So in theory you still may have a claim, worth a go - write and ask what their inspection regime is or how long they know about it for.

Posted 1 year ago #
TheFunkyMonkey - Member

What are the dimensions for a hole and being able to claim? Guy at the garage said 3 inches deep, this one was way more than that, but didn't get to measure it

Posted 1 year ago #
wwaswas - Member

not trying to be funny but;

you appear to be contemplating committing fraud by misdescribing how damage to your van occured? and it'll be public money you'll be fraudulently claiming.

so, look on the council website - there'll be a 'my car was damaged by a pothole' section with what to do and how to claim.

be honest, abide by the law and, if they won't pay up due to the way the road was/is then accept that, sometimes, accidents happen which are just 'one of those things' rather than trying to finding a way to defraud the public purse?

Posted 1 year ago #
hels - Member

Thats a bit harsh wwasswas - the damage was caused by the pothole, he just can't prove it. And the council might say not all their liability - were you driving at the speed limit, and surely some liability on the other driver.

Personally IMHO sounds like a lot of hassle for £250. Sell you a van cheap ??

Posted 1 year ago #
TheFunkyMonkey - Member

Not gonna be defrauding defrauding anyone, the hole was there for at least 2 weeks. I'm not exactly sure which councils responsibility it is yet, it's right on the border of stockport/Tameside/High peak

Posted 1 year ago #
wwaswas - Member

sorry if it was sounds harsh, but hunting around for another pothole, signing insurance forms saying it was that one and taking money is fraud.

as cynic-al says - if the council have been negligent with regards to the hole that caused the damage then you've no problem. If they've done their job and can prove it then, unfortunately, it's just 'on of those things', not an opportunity to try and produce a claim for something that didn't actually happen.

Posted 1 year ago #
TheFunkyMonkey - Member

You'd do well to get above 30 on that stretch in a car, nevermind a 3.5 ton van. not just 250 quid though, it's the hassle and a day off work too. 250 quid it's a big chunk of cash!!

Posted 1 year ago #
TheFunkyMonkey - Member

I agree to be honest, but I don't want to have had to fork out unnecessarily

Posted 1 year ago #
wwaswas - Member

I understand, and it is difficult to swallow, but the rules are written to give the council a lot of leeway when it comes to how and when they fix stuff like this and after all the cold weather they're strugglign to even do the minimum round my way.

You do have my sympathy but I think you'll be opening yourself up to all sorts of grief if you try and cheat the system.

Posted 1 year ago #
Gary_M - Member

Find a big hole, any big hole, take a few pics, put a claim in. The roads are in a shocking state and need sorted now, why should the public pay for damage to their vehicles when their money goes towards fixing roads in the first place.

Go on claim your money back.

Posted 1 year ago #
crazy-legs - Member

The council weren't negligent - they knew about it and filled it in "within a reasonable time". It's really difficult getting anything out of the council for potholes, all they need to do is prove that they've inspected the road once every 6 months or (once it's been reported) filled in within 24hrs.

Claiming it was another pothole in another location is just fraudulent. As well as being unlikely to succeed for the reasons above.

Posted 1 year ago #
ebygomm - Member

The fact that the pothole was there doesn't automatically mean you'd have a claim. Roads have to be inspected at a certain frequency (this varies on the class of road) and defects repaired within a certain amount of time (this varies by severity). If the inspection schedule has been adhered to (presuming the last inspection was pre pothole), and the pothole not reported separately, the council has no liability.

Posted 1 year ago #
soobalias - Member

lols @ 'damage was caused by a pothole'

i think the damage was caused by the driver, driving into the pothole as a speed that his vehicle couldnt cope with.

not that this means you dont have a vaild claim.

Posted 1 year ago #
thomthumb - Member

i trashed my wheel a few years back. hole was as deep as a cd case and as long as a bottle of wine (what i had in the car for scaling)

got the £200 back for a new wheel, balancing etc etc.

Posted 1 year ago #
TheFunkyMonkey - Member

Update,

had a conversation with a nice lady at stockport council. She acknowledged that it had indeed been repaired yesterday and also said that I could be able to claim. She's sent out a claim form for me to complete, so we'll see....

Posted 1 year ago #
andyl - Member

Good news. I am in complete support of people claiming - as long as they are honest etc which you have been. Fingers crossed.

Small holes I can understand but some holes on the roads are far too big and will damage any car or van that run through them and they really should not be allowed to get to that size. Maybe people should report things more or maybe they were being lazy. Who knows.

Fixmystreet is a good site for reporting problems. Because they publish it online councils have to act promptly.

Posted 1 year ago #
Drac - Moderator

If you knew the hole was there why didn't you report it earlier, it's from the point of being reported they have a time scale to repair the hole. Something like 2 weeks, if it's not done in that time then claims may be paid. Least that's how I understand it.

Posted 1 year ago #
TheFunkyMonkey - Member

It's on a back road and didn't really know who or how to report it. It's on the border of 3 authorities, excuses I know.....

It was dark, raining, no street lights and I was watching the speeding car coming towards me. Probably hit it around 15-20 mph max, limit is 60!

I'm not one of those, where there's blame, there's claim types. I just don't feel I should have to fork out 250 quid when already pay a fortune in road tax, council tax and fuel duty.

Posted 1 year ago #
andyl - Member

use this site to report stuff: http://www.fixmystreet.com/

they will do the hard work for you.

Posted 1 year ago #
sc-xc - Member

LOL. Fix my street do not do the hard work for you. It's clunky, and only as good as the back office processes at whatever local authority they fire the automated email to. I met with the top guy from My Society the other day (people that run FMS) and remain to be convinced. I got the impression that even he was surprised at how FMS has taken off, and they are having to put some significant development work in to get to the stage where they can effectively integrate with Local Authorities.

Best bet is always to go direct to your local authority.

Posted 1 year ago #
andyl - Member

Have you tried contacting a council and getting the switchboard and then trying to get through to someone who gives a crap?

Only time I have used FMS it worked and I got contacted by someone at my local council next day. Maybe it works better for some councils than others. It's also a useful log of when something was reported and there is always some interweb busy body who will see your report near where they live and call the council after a few days

Posted 1 year ago #

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