Damn potholes

[Lons]

My wife hit a pothole at around 60mph a few days ago and it's distorted an alloy and bulged the sidewall of her runflat tyre. I can't find anyone who says they can repair the alloy and the tyre is kaput so it's £450 replacement cost.

Not her fault as it was dark and raining. The hole was about 2ft across and a good 3 inches deep so thankfully she didn't lose control of the car. As it was a major road I reported it to the authorities who to be fair repaired it the next day but I intend to claim from the authorities insurance. Has anyone taken that course of action and was it successful?

Bob

 

[adidat]

i have heard you need photographs of the pothole, this is probably why it was filled so quick.

adidat

 

[Lons]

i have heard you need photographs of the pothole, this is probably why it was filled so quick.

adidat

She told me that when I reported it but when I said I couldn't get there until the weekend (reported late wed), she said it wasn't absolutely necessary as my report was logged. I've taken pics of the filled in hole and they should have a record from their repair team.

The location and depth of the hole was extremely dangerous so it was correct to repair immediately tbh. If the replacement cost wasn't so high I wouldn't bother claiming as I expect a fight. They state it will take 21 days just to get an acknowledgement :roll:

Bob

 

[Gary Morris]

I think it also depends on whether the hole had been previously reported, you would have a stronger case if it was.

Gary

 

[themackay]

I tried to claim and they denied liability as the did not know about the pothole.

A couple of weeks ago on a section of road I use daily(which is badly potholed) I came across a council inspector ,I stopped to ask why they filled in some potholes and left some unfilled just a few yards away.His reply was they have to meet the right criteria to be filled in,he was measuring them,I said surly that cant be cost effective he assured me as it was as they balance the cost of filling the hole against the cost of insurance claims.So it seems its ok for numerous motorists to damage their cars as long as the council saves a few bob.In days gone by the inspector and numerous other pen pushers who monitor the potholes would not have existed that's a lot of money that could be used for repairs.
Alan

 

[marcros]

i had a look online a couple of weeks ago and came across http://www.potholes.co.uk/claims/step_by_step_guide. i think like many things, expect to fail initially, and expect to have to challenge every step.

Around Leeds, they are ridiculous. Time of year doesnt help, but on roads that I use, there will be a selection of potholes 3 or 4 inches deep and anything up to a foot by 2 feet.

I believe that the success to claiming is whether they followed the national best practice for inspection and repairs to the letter or not. Any deviation, and you have an opportunity to claim.

 

[mickthetree]

Hi Lons

I used that potholes.co.uk site a couple of years back. They had covered their backs at every step and I couldn't get a penny out of them. Cost me £120 in the end for a new tyre and some minor damage. I was picking up a load of free wood at the time, so it no longer became free :evil: :evil:

Since loosing the short battle I had with them I justified it to myself by thinking that they have just saved £120 on my claim which they can now spend on fixing some more potholes. I wonder what the legal bill is every year and if our litigious nature these days is leading to there being less money in the pot to fix the problems?

As Marcos says if they have deviated from the rules then you have a chance following the advice on that website.

 

[themackay]

If the councils did not spend so much on their obsession with political correctness,human rights,equality etc and departments to deal with every minority in the country there would be plenty of money to actually fix the potholes.If I think back its only in this last 10 years that potholes have become a major problem despite the inceases in taxation at all levels.
Alan

 

[No skills]

My dad was a Highways inspector for many many years (recent invention eh?), only filling potholes that meet the criteria is something that goes back decades. With the reduction in maintence budgets the guidelines are being stuck to, rather than repair a section completely that has many different sized holes (as their on site with the equipment/materials and the cost difference is low) they have to just do the bad ones and accept that there will be a higher claim risk.

 

[themackay]

I am not saying there were no inspectors all things government/council have got more and more bureaucrats over the years so there are more people taking about the job instead of getting on with it.Alledgedly the last government employed a extra 500,000 or so workers councils similar how did we manage without all these people a few years previously

 

[andersonec]

If the councils did not spend so much on their obsession with political correctness,human rights,equality etc and departments to deal with every minority in the country there would be plenty of money to actually fix the potholes.If I think back its only in this last 10 years that potholes have become a major problem despite the inceases in taxation at all levels.
Alan

The reason they have to spend so much covering themselves in those fields is to try and avoid Litigation. Councils have a 'pot' of cash put aside to cover claims and it is a lot of money, there are a lot of 'Professional Claimants' out there, searching for 'trips' and holes where they have a 'fall' and injure themselves and anything else where they might be able to make a quick buck , when a council lays a new Sleeping Policeman or any other traffic calming device the claims flood in.


Road and footpath defects have certain limits which when exceeded must be repaired, inspectors log these and they take priority if and when time and money is available, once upon a time Councils had their own workers for this sort of stuff and then it was farmed out to private companies, ccasion5: kerching!!!


The reason these pothole repairs fail so quickly is because the Asphalt used to repair them is not being being put in at the correct temperature, it must be above a certain temperature otherwise it must be dumped (can you see that happening?) and is being laid too thin, the hole should be dug deeper but usually it is only the thickness of the existing hole. When a gang goes out to repair these holes they have a lot of distance between these repairs and their trucks should be fitted with 'Hot Boxes' to keep the Asphalt at the correct temp. On motorways you will see steam coming from the backs of these lorries, (not so in town) the reason is the motorway ones are monitered by supervisors and checked with thermometers,,,, serious money, guarantees and penalties are involved here. Footpath repairs are a different kettle of fish and councils struggle to get firms to do these small but plentiful repairs because of the numerous different types of material used.


I was involved in laying cable (Fibre Optics) supervising the civil engineer (sic) gangs doing the actual laying, this included correct configuration and depth of the pipes, correct reinstatement, HSE, signing and guarding and "dealing with claims from the public" oh boy!
Before the start of every build, every street, footpath etc was video'd, as soon as we started the build in came the claims, when faced with photographic evidence the usual reply was "Well it was worth a try," amongst many other untold claims we even broke someones toilet which was upstairs at the back of the house.

I am not saying they shouldn't pay for genuine cases, just trying to show why they are reluctant to cough up at the drop of a hat, ask any council how many claims they have coming in on a daily basis.

Andy

 

[Peter T]

I had the same problem 3 or 4 years ago, hit a pothole at night in the rain. Damaged the alloy and the tyre sidewall.

I took dozens of pics of the pothole with a tape measure in shot to show length, width and depth. Also of the damage to tyre and wheel.

I claimed for a new wheel and tyre. They argued but eventually paid up with a deduction for the tyre wear.

 

[themackay]

Hi Andy totally agree with you most pothole repairs are shoddy work to say the least ,they were certainlr repaired to a much higher standard when the council did it themselves and probably cheaper.
Alan

 

[andersonec]

Hi Andy totally agree with you most pothole repairs are shoddy work to say the least ,they were certainlr repaired to a much higher standard when the council did it themselves and probably cheaper.
Alan

Common practise now Alan, if you are contracted to do work for the Council think of number, double it and add a nought. That'll do nicely. :---)

Andy

 

[JakeS]

Before the start of every build, every street, footpath etc was video'd, as soon as we started the build in came the claims, when faced with photographic evidence the usual reply was "Well it was worth a try," amongst many other untold claims we even broke someones toilet which was upstairs at the back of the house.

One wonders why there isn't any penalty for fraudulent claims - at least to cover the costs to the council to process them. Surely it's still fraud? I imagine the number of tries would go down once word got around that it was costing people a couple of hundred in fines each time they failed to con the council out of money.

 

[marcros]

it would cost more to persue a claim for fraud, and it would probably be a criminal matter, so the council wouldnt see any financial benefit in doing so. There is no mechanism for a fixed penalty fine, and I dont think that it would work. Annoying as it is when causght speeding, you are faced with the evidence of wrong-doing with the demand for a fine.

There will be a fine line between a claim which is dismissed because it didnt meet the criteria of being eligable- for example pot hole not deep enough to be deemed dangerous, and those which are pure fantasy- saw a pot hole and thought i may as well claim.

The sad reality of life is that now councils will have to follow the letter of best practice (and prove that they are doing so) and repairs will be done as cost efficiently as possible by private contractors (and we have to hope that they are done sufficiently well)

 

[RogerS]

Before the start of every build, every street, footpath etc was video'd, as soon as we started the build in came the claims, when faced with photographic evidence the usual reply was "Well it was worth a try," amongst many other untold claims we even broke someones toilet which was upstairs at the back of the house.

One wonders why there isn't any penalty for fraudulent claims - at least to cover the costs to the council to process them. Surely it's still fraud? I imagine the number of tries would go down once word got around that it was costing people a couple of hundred in fines each time they failed to con the council out of money.

It is a criminal offence ie fraud but PC plod won't do anything unless the council complain.

 

[andersonec]

Before the start of every build, every street, footpath etc was video'd, as soon as we started the build in came the claims, when faced with photographic evidence the usual reply was "Well it was worth a try," amongst many other untold claims we even broke someones toilet which was upstairs at the back of the house.

One wonders why there isn't any penalty for fraudulent claims - at least to cover the costs to the council to process them. Surely it's still fraud? I imagine the number of tries would go down once word got around that it was costing people a couple of hundred in fines each time they failed to con the council out of money.

That's the trouble Jake, word got out that Councils were an easy target and used to pay out to keep people happy because they thought they were doing the right thing, as with everything else the arse was kicked out of it and it has now backfired to the point where the Council has to set up a complete department to deal with claims so the genuine ones get treated the same way.

Had a fall lately? just contact us, loadsa money to be made, "No Win No Fee" :x

Andy

 

[Lons]

Well, I've bunged in a claim but i actually feel guilty about doing so as I'm painfully aware that it's my council tax that pays for it.

What concerned me was the location of the hole and just how lucky my wife was to avoid a full on accident. The authorities clearly thought it was bad enough to act immediately and if that stops an accident then at least I've had a hand in that whether or not my claim succeeds.
The pothole is in the middle of a sizeable rectangular patch which presumably wasn't done properly and that is so annoying when I think that someone could possibly be seriously injured or worse due to poor workmanship.

Thanks for all the input guys, much appreciated and I trust that no-one thinks I'm exploiting the system. My conscience is clear.

cheers

Bob

 

[mickthetree]

Not at all Bob. I too felt that if by reporting it I saved another motorist from damaging their car or worse it was worth doing.

All the best
Paul