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Potholes, car damage and making a claim


TIG Brother

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Driving home last night I became a victim of the dreaded pothole invasion that is sweeping the country.

Was only travelling at 30 mph and managed in the pouring rain to find a large pothole, before I could do anything to react it was to late and found myself with an instant puncture. Pulling over lady night I had no choice but to call out recovery to assist with swapping the wheel over ( had my girlfriend and a 2 year old on board and was pouring with rain at 11 at night, I didn't fancy doing it )

Looked at the damage this morning and the wheel has a massive flat spot meaning the tyre bead will no longer seal. Quick call to VW this morning and a replacement wheel is £480, plus tyre £130 and then a 4 wheel geo set up £60-80 means I am facing quite a heafty bill.

Now the question is has any one else had damage caused by a pothole and have you successfully managed to get any money out if the local council? I know it's not an easy task but if any one has any tips or advice please let me know.

Now I have already been back to the hole and taken relevant photos with a tape measure this morning, and have reported it to pothole doctor.

The hole measured 600mm across 700 long and 70mm deep. It's on a main A road.

Felling really gutted at the moment so if any one is able to offer any good news please feel free to do so.

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Had the same problem a couple of years back, wrecked a wheel on on Audi A3 S Line, an expensive wheel written off. It was my wifes company car so left it with them, but they didn't have any luck, probably coz we changed the wheel later. You did the right thing to call rescue, the fact that they were there and can therefore corroborate your story might make all the difference. Do it quick though before they repair it! 'Pothole sir, what pothole.....'

 

Good luck  :)

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Luckily I have taken around 40 photos of its location size with the signs and village name in the background. So it's easily identifiable.

I have to bite the bullet and replace the wheel any way, so won't be hanging around getting it replaced and having a copy of the bill to send off.

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Good Luck. I have successfully claimed (or rather the duck has) when he was driving my S4 down the roads near our house, when before I could warn him he hit a long term pot hole destroying two wheels and two tyres.

 

It took ages (like 6months+) a lot of persistence and arguing but they paid up for the wheels, the fitting and a contribution towards the tyres as their last argument was they there had to be wear on these and we couldnt be bother to wait any longer.

 

You have to demonstrate that the holes have been there a long time and they have had reasonable time to fix these considering the importance of the road and danger. This could be hard to demonstrate in the current weather.

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Good luck with that one , my son had a similar thing happen a few years back and like you I measured, photographed etc .................end result a big fat zero ............the offending hole was filled surprisingly quickly though!!

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As I understand it, the council will try to wriggle out of it. They have to inspect the roads and if they have and the hole was reported and not repaired, you have a chance.

 

There was aguy on the news recently who won his case by requesting the inspection reports on that road. Lo and behold, it was classed as a serious one needing repair, but IIRC that was over a year previously. It was his willingness to invest time to get an answer and his money back

 

The councils will say that there money has been cut, the weather, due to man made global warming, has led to an unprecedented increase in the holes. In fact around here they look like the aftermath of carpet bombing and they have just not had sufficent time to repair them. This is crap!

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From what I understand it is down to local council's policies.

However it will take time, require photo's and evidence... But I know of several people that have claimed. As said by Adrian, it took them around the six month mark.

From what I have been told by people the council have insurance that covers a pot hole claim, however it would cost them to repair it. So it's financially viable to leave them and just make it difficult for people to claim. At a guess I would say 99% of people would hit it then just shout and scream about it, 1% will do something and take photo's, then most of that 1% will give up before claim is complete... So as always it's the public suffering.

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£480 for a wheel on a VW???  Are they 20"+?  Seems incredibly steep...

 

I'd be surprised, unless you've only just had one done/ruined, that they'd pay out for 4-wheel alignment - they'll argue that it will have drifted out over time anyway.  If they even know what it is.

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Most councils are "self insured" so they will always fight a claim.  It all hinges on whether or not the pothole was previously notified to them.  If it was and they didn't repair it - then they have strict liability.  If it was not reported - then they have a let out clause.

 

Claims can be successful but it takes quite a lot of perseverance.  We helped someone make a successful claim for a £2000 coach windscreen that popped out after hitting a pothole.

 

Use of the Freedom of Information Act is your friend.

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Be mindful that a claim for damage caused to your car by a pothole could be considered as a fault accident by your insurer.

One of our members who initiated a damage claim against the highways authority was informed that his insurer would be notified of his claim for compensation.

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I successfully claimed against what was the Dept of the Environment here in N.I.after hitting a 6" deep pot hole that burst two tyres and buckled one wheel.

 

I sent them pics of it, its exact location and an invoice (i'd replaced the tyres and had the wheel straightened) along with a letter asking them to "pay within 14 days or I would initiate legal proceedings"

 

Think they paid in a week

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£480 for a wheel on a VW??? Are they 20"+? Seems incredibly steep...

I'd be surprised, unless you've only just had one done/ruined, that they'd pay out for 4-wheel alignment - they'll argue that it will have drifted out over time anyway. If they even know what it is.

Diamond cut 17" monza shadows. Yes £480!!

I have already requested the maintenance report for that section of road under the freedom of information act, and the council run a 'street doctor' website where you can report and watch the progress of pothole repairs. Already reported on the map appears to be the same pothole which had been given a 'no further action required' status. So hopefully I will be able to see what the previous report on the road says and how long ago it was.

I would be happy if I can just get the cost of the wheel back. The rest I will deal with.

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Good luck, I tried it in with Liverpool council once and got nothing. They claimed the couldn't find it even tho I sent them a map indicating its position and lots of photos.

Let us know how you get on. I would hate to think how much the 18's on the z cost new. 480 for a oem wheel sounds about right

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It's happened to me twice, the first time I got nowhere (gave up to easily)

The second time I won, I had loads of photos both times.

The second time when I got the standard "fob the punter off" letter I just wrote back, saying see you in court, so they paid up!

Manchester council have a report a pothole section on their website, when a pothole is reported they are supposed to fix it in a set time, cant remember what it is. After the first one I reported a pothole everyday for months, it's not hard is it? they are everywhere :t-up:

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This happened to SWMBO about 10 years ago.  2 damaged tyres and a bent rim.  About a fortnight later we got a letter back from their insurers saying the council had complied with their obligations and hence wasn't at fault.

 

I'm not convinced that was the case, as the hole had been there ages, and just got bigger every time a lorry went over

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