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Councils highway agencies have a legal duty to keep public roads in good order. If they fail adequately to check or maintain road surfaces, you can demand compensation for any damage to your car.
According to the Asphalt Industry Alliance 2.2 million potholes had to be filled in last year. There are currently believed to be 25,000 potholes and 1,434 miles of roadwork delays caused by 19,000 road repair jobs!
The Department for Transport confirm that councils have a legal duty to inspect roads regularly and ensure they are safe. The busier the road, the more often it is supposed to be monitored. Councils also have a duty to pay compensation for damage caused to caused by a pothole that has already been reported but not filled in.
Because so many motor damage incidents are relatively minor – burst tyres and dents to wheels – it is often not worth it for drivers to claim on their car insurance. Policies carry a typical excess of at least £250. Motorists may also lose their no claims bonus, meaning that the following year’s premium could rocket. This winter has been one of the worst for potholes because weather conditions have alternated between mild spells and harsh frosts. Rain penetrates cracks and holes during the mild weather and then widens them and a freeze.
Councils in England and Wales paid £32 million in compensation to motorists and other road users last year – largely from damage to cars – while the councils spent a further £13 million handling claims.
It is best to present the facts backed by proof .Here at we advise clients to send photographs with measurements to show the size of the pothole plus photos of wheel damage with the repair receipts. We have won thousands back for clients.
AA researchers found a third of its 22,827 members have damaged their vehicles hitting a pothole in the past two years. The biggest problem reported by 13%, (2967 motorists) was damaged tyres, while 6% (1,369 motorists) need both the tyre and wheel replaced.
Steering alignment and suspension damage were also results of pothole damage. The AA found the average council compensation paid was £583, reflecting the cost of repair bills at a garage.
If you hit a pothole and notice vibration, the steering does not centre or the car pulls to ne side then sort it out immediately to avoid a more serious accident. It is not possible to claim both from your insurer and the council. Do not forget that it is possible to make Freedom of Information Act requests, so local authorities cannot fob you off.
Cyclists must also be aware of the dangers of potholes – not only can hitting them destroy expensive bikes, but riders can be seriously injured. Cyclists can make claims against councils in exactly the same way as motorists.
If you’d like our help and assistance at Mortlake Law in making a claim, we would be happy to assist. . In some instances it may not be possible to claim if a new pothole has not been reported.
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