Viewing 40 posts - 1 through 40 (of 69 total)
  • Pothole punctures and claiming off the council
  • pondo
    Full Member

    Was pottering about yesterday in the motor, along a quiet road by a reservoir – the road frequently has standing water on it, running off the fields, and I had the great joy of hitting a submerged monster pothole that punctured both lefthand tyres. I’ve logged it with the council (their online form isn’t working, so I’ve mailed em and am not hopeful of a speedy reply 🙁 ), and while the overriding priority is getting it fixed (it’d be bloody lethal to a cyclist or motorcyclist), I just wondered if other people had any success getting some cash off the council for new rubber in similar circumstances.

    tomhoward
    Full Member

    Unless the pothole has already been reported (by someone else), your chances are slim to none, and slim has just left town I’m afraid.

    globalti
    Free Member

    You’re not the only one. Here’s what my brother emailed yesterday from Michigan:

    Our weather sucks. It’s a continuous minus 22 degrees C, it’s constantly snowing, there is about an inch of salt splattered on everything, and all of our already crap third-world roads have completely given up. The hard-top tarmac has disappeared in sheets, and in many places the potholes have gone to 10 to 14 inches deep, some of these are actually in the wheel tracks of the motorway, some on the motorway service drives, and most of them on my way to work. Three weeks ago I went down one on a monday morning in the dark. It tore my tire right off my rim, ripped a hole in my tire sidewall and completely destroyed my rim. $700 later, I had a new rim and tire, and a front-end tracking alignment done. I filed a claim to the City Council where it happened so we will see if they are good for their word or not. Back in December i had 4 new rims and 4 new tires, and the new rims are already getting bent. Jeez, VW obviously specced these rims for smooth, professionally laid, properly maintained German roads.

    wwaswas
    Full Member

    *this* is a pot hole;

    [video]http://www.youtube.com/watch?v=yGSZEVs1eOY[/video]

    teamhurtmore
    Free Member

    Just going through the same process. Bloody great hole and raised manhole cover ripped my tyre completely this week.

    £OOO down the swanny.

    Nick
    Full Member

    I sort of feel your pain, but to be honest I’m not a fan of councils paying out for this sort of thing, the weather is probably costing them a fortune and the last thing they need is to have to deal with loads of small claims for avoidable damage.

    I know avoidable might be a bit contentious, but you must have hit them quite hard to puncture both tyres, maybe slow down a bit when going through water/can’t see the road surface?

    I also might be biased, but a member of my family had to leave their job in highways due to stress and depression, in part due to having to deal with thousand of moaning, yelling, aggressive, threatening members of the public.

    kedmun
    Free Member

    I feel your pain pondo.

    The roads around Cheltenham are so bad I’m continuously swerving to miss the potholes, and in turn probably hitting more! I had to replace the spring in my front right shock as it was annihilated by hole – whether it was one bit hit or continuous stress put on the shock by potholes I don’t know, but the garage said I’d be extremely lucky to get any money out of the local council for it. I did a little research in trying to claim and came to the conclusion I’d be best off just taking the bill and forgetting about it. If it happens again I might try, but unfortunately I doubt I’d get anywhere.

    globalti
    Free Member

    I dread to think what’s going to happen if it freezes properly – there’s so much water in the ground now that it’s bursting out of the roads in places. It’s going to wreck the roads, much worse than in a normal cold snap.

    surroundedbyhills
    Free Member

    I tried to claim off my council a few years back with no luck, they said it was nto there on the last “inspection” and so their insurers said no deal.Report in the Metro today saying that Glasgow and Edinburgh councils had paid out huge amounts in damages to car owners as a result of potholes.

    yourguitarhero
    Free Member

    The pothole needs to have been reported for you to claim compo.

    Report the pothole (or get a friend to do it) and wait 48 hours before getting it fixed at the garage and pretend it happened after it had been reported.

    cynic-al
    Free Member

    yourguitarhero – Member
    The pothole needs to have been reported for you to claim compo

    No, they need to show they have a reasonable inspection and repair regime – not the same.

    grizedaleforest
    Full Member

    Report the pothole (or get a friend to do it) and wait 48 hours before getting it fixed at the garage and pretend it happened after it had been reported.

    You mean like defraud the council and their insurers?

    richmtb
    Full Member

    I got reimbursed for a wheel repair and replacement tyre from Glasgow City Council, took a bit of chasing and I believe its actually their policy to reject all claims when they first submitted

    johndoh
    Free Member

    It can be done, depends on circumstances though.

    When it happened to me, I went back to where it happened, took pictures (including measurements of the depth etc) then sent a letter along with the photographic evidence and receipts for the work I had done (new tyre, new alloy wheel (cracked), retracking and suspension checking) and they paid up – Leeds City Council.

    pondo
    Full Member

    Thanks for the feedback, folks – bit of a “suck it and see”, then.

    I sort of feel your pain, but to be honest I’m not a fan of councils paying out for this sort of thing, the weather is probably costing them a fortune and the last thing they need is to have to deal with loads of small claims for avoidable damage.

    I know avoidable might be a bit contentious, but you must have hit them quite hard to puncture both tyres, maybe slow down a bit when going through water/can’t see the road surface?
    Yeah, know what you’re saying, chap – but this bit of road ALWAYS has flooding issues, and consequentially always has a rubbish surface. The bit where mine was was resurfaced last summer, and it’s been submerged for months, so I dunno if it’s reasonable to expect people to report it (not that “reasonable” carries much weight…). The damage to both tyres was done on the inside shoulder, think I kind of slipped off the side, as it were, but it dented the (fortunately steel) rim, too. The thing is, it’s not like it’s off to one side – it’s a pretty wide and quiet road (big favourite for learners to practise three pointers) but because of the flooding, people only drive straight down the middle of that bit, and I could only have been a couple of feet to the left of centre – the pothole was probably about where your right-hand wheels would be if the road had been dry. And, rather acarily, about where you’d be on a bike if there was something coming the other way… Speedwise, I was following someone else, and I know it’s easy to say, but I reckon, if I was doing 20mph, that was as fast as I was going.

    My car had to have an offside front spring at the last MOT, and I’ll never know for sure but I’m pretty positive the ploughed tarmac nature of this bit of road was a major contributing factor.

    MSP
    Full Member

    Alloy rims and low profile tyres make such things much more likely, not really the councils fault if everyone wants to drive around in cars unsuitable for the roads.

    It is easy to blame the authorities, but some aspects of cars have been optimised for performance and made them unsuitable for some aspects of real world driving.

    pondo
    Full Member

    It’s not low profile, by any stretch –

    Fiat Panda, it’s got big bouncy clown tyres. 🙂

    johndoh
    Free Member

    MSP #fail 😉

    MSP
    Full Member

    Maybe not in this case, but I do think a lot of cases are due to low profile tyres and alloy rims.

    wwaswas
    Full Member

    This has just appeared on the M2

    lucky it wasn’t under the carriageway 😯

    annebr
    Free Member

    People need to slow down more

    mrmo
    Free Member

    having got another pot hole puncture on the bike I am going to claim the cost of an innertube off the council (Gloucestershire CC/Cheltenham BC) The stretch of road has ALOT of holes, I avoided some but got caught by another, it is also unlit and badly drained. I did submit a claim for the same stretch last year when it finished a rim, but was rejected.

    That they have done Sweet FA in the following 12 months suggests negligence to me. They do there inspections, I did a FOI request, they also have lots of complaints about the holes, they just choose to set their idea of a pot hole way above what is IMO acceptable.

    @Kedmun, GCC say a pothole isn’t a pot hole until it is over 300mm across and 40mm deep I seem to remember so don’t feel obliged to repair anything less!

    richmtb
    Full Member

    People need to slow down more

    Horses are much better at dealing with rough ground, perhaps we could go back to them

    pondo
    Full Member

    People need to slow down more

    20mph, absolute tops.

    spacemonkey
    Full Member

    We have some horrendous potholes down here in Surrey and it does my head in. I do my best to avoid them but I know plenty of people who seem to continually hit them head on, some of which just don’t seem to see them and then moan about it immediately after.

    Friends have successfully claimed for replacement tyres in recent months. The council seem well aware their roads are sh1t and just cough up.

    TiRed
    Full Member

    Dented and buckled a rear Ksyrium rim last Tuesday hitting a pothole at 20 mph. Instant snakebite puncture in a brand new Continental lightweight tube 🙁 . It was the first ride out after the rear mech went into the spokes and the wheel was rebuilt. Tyre pressure was 110psi checked before the ride. Maybe I have a claim!

    Trimix
    Free Member

    Id have sympathy with the council and weather if they fixed the pot holes properly.

    But no, they just put some tar in them and squash it with a spade. Then a few weeks/months later another one appears next to it.

    The roads where I live are a patchwork of badly repaired holes. If they did a good job once they would save money in the long run – but hey, dont expect the council / government to do a proper job, or think in the long term.

    sbob
    Free Member

    but this bit of road ALWAYS has flooding issues, and consequentially always has a rubbish surface.

    And you still plough through it?

    Interesting tactic.

    bravesirrobin
    Full Member

    Not sure if all councils have the same policy but we had a claim rejected recently by Herefordshire council because they had complied with their inspection and repair schedule. The pothole my wife hit had been picked up on a prior inspection but they were still within their 28 day window to fix it. Pot(hole) luck then whether you get compo or not :-/

    gwaelod
    Free Member

    have a look at http://www.fillthathole.org.uk/hazards/map

    to see if your pothole has already been reported

    if not report it in anyway

    pondo
    Full Member

    And you still plough through it?

    Interesting tactic.
    Well, a poor surface is a poor surface – you just drive accordingly and dodge the worst. But the hole that done for my tyres… There was no way of knowing it was there – it’s had standing water on it for months. Gwaelod – cheers, had a look but it’s not on there. It is now. 🙂

    CountZero
    Full Member

    I know avoidable might be a bit contentious, but you must have hit them quite hard to puncture both tyres, maybe slow down a bit when going through water/can’t see the road surface?

    annebr – Member
    People need to slow down more

    sbob – Member
    but this bit of road ALWAYS has flooding issues, and consequentially always has a rubbish surface.
    And you still plough through it?

    Interesting tactic.

    pondo – Member
    People need to slow down more

    20mph, absolute tops.

    Some sanctimonious bullshit going on here. 🙄
    Do any of you actually drive cars? Especially after dark? One would reasonably be able to drive a car at or below the posted speed limit without having tyres and wheels trashed, and possibly suspension, thus risking a serious accident due to a tyre blowing off a rim.
    I mean, seriously, are you idiots advocating everyone drives around with a bloke in front carrying a red flag, just to absolve the highways authorities from their legal obligation to maintain the bloody roads?
    Since when has the victim of poor road maintenance become the guilty party for driving at a legal speed?
    I’ve trashed wheels hitting broken road edging full of water in the dark, driving a metre out from the verge, because it was absolutely impossible to see a hole in the road. I guess that was my fault for having the cheek, the audacity to execute my legal right to drive my car on the public highway at a time of my choosing, in the dark, in inclement conditions, in order to actually have a life.
    Something some of you ought to get; there’s currently a sale on at the Life Shop, I suggest you rush down there and get one. 🙄

    Nick
    Full Member

    I know avoidable might be a bit contentious, but you must have hit them quite hard to puncture both tyres, maybe slow down a bit when going through water/can’t see the road surface?

    What’s sanctimonious about that? I thought it was a sensible suggestion, even the OP didn’t take offence, so not sure why he needs you as his back-up man.

    are you idiots

    nice

    Something some of you ought to get; there’s currently a sale on at the Life Shop, I suggest you rush down there and get one

    What an imaginative and witty thing to say, are you high-fiving yourself in the mirror right now?

    ninfan
    Free Member

    I wonder how the balance of proof/responsibility lies where a pothole has been repaired, but then goes again

    most of the ‘patch’ repairs they seem to do round here fail again within a couple of weeks – I’d be guessing that a poor repair job would leave them open to compensation?

    topper
    Full Member

    I would suggest the first thing to do if you encounter a pothole is report it to the Highway Authority. Either directly or through one of the third party websites. Record the reference number you are given and make a follow up call seven days later.
    Secondly, I would refer someone concerned to Section 56 of the Highways Act 1980. And the also, the standard defense of S. 58.

    sbob
    Free Member

    Some sanctimonious bullshit going on here.

    It isn’t bullshit that I have never punctured a tyre or damaged a wheel from a pothole, underwater or otherwise.

    Thinking you can blindly drive along at the posted limit and not risk damage or injury?
    There’s your bullshit.

    hora
    Free Member

    Be persistent. Take pictures. Receipts for damage. Threaten small claims. Be persistent.

    We pay VAT, tax on our wage, tax on our savings, tax on money we leave to family when we die, council tax, tax on fuel, tax on cars annually, tax on new cars, tax on bits we buy for cars.

    If the Council leaders, Quangos or other body leaders say they cant afford stop paying themselves six figure salaries.

    jonba
    Free Member

    I’d certainly register a complaint but whether they’d pay is a different matter. Finite budget so if they are paying one person they are not doing something else.

    hora
    Free Member

    Well Wandsworth council are making cuts to services but their FD is on a 1/4million a year+ package. Theyll find the money.

    As a motorist you pay to use our roads. As a taxpaying cyclist you pay to use our roads. We arent charities are we. The HMRC dont say ‘we know your broke so we’ll let you off paying your dues’.

    pondo
    Full Member

    It isn’t bullshit that I have never punctured a tyre or damaged a wheel from a pothole, underwater or otherwise.

    First time in 22 years of driving, so I do hope I haven’t done too badly.

    Thinking you can blindly drive along at the posted limit and not risk damage or injury?
    There’s your bullshit.

    “Driving blindly along”? Where do you get off on making judgements about how I drive? The car dropped into a pothole that wasn’t visible – as soon as they develop in-car sonar, I’ll be all over it.

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