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Old 12-Dec-2006, 22:28   #1
DSC Member Jools Jools is offline
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Angry Pothole induced damage
OK, so it's only to my car and not as potentially disasterous as it could be to someone on a bike.

BUT...

Driving Mrs Jools back from a hospital appointment today and took a back road home, just for a change more than anything. It's only a little country road, probably not even a B road, but still plenty wide enough for two cars to pass easily.

Anyway, driving gently down this little road doing no more than 30 mph and I drove through what looked like a puddle. Next thing I knew there was a huge crash from under the car as the left front wheel dropped into a pothole. It was violent enough to snatch the wheel out of my hands, it burst the front tyre (17" 45 profile x 245 - so not cheap) which was only a couple of months old, looks as if it could've done for my BBS split rim alloy and has wrenched the tracking out so that the car now pulls hard to the left.

I know the local highways agency is responsible for all adopted roads and I've read somewhere on this site about claiming the cost of the damage back from them - I'm gonna have to replace a tyre, get the tracking checked and I guess inspected for steering damage, get the wheel checked at least and possibly replaced - could be looking at what? £4-500?

Having to pay out that sort of wedge for something that's not my fault or responsibility p isses me right off - for the principle as much as the money

Surely the highways agency have a duty to keep the roads in a state of repair that doesn't rip cars to bits? Or am I p issing in the wind?


The Patent Jools Mood Meter -Today I am:


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Old 12-Dec-2006, 22:30   #2
Florence Florence is offline
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Definately p ing in the wind. They usually sub-contract the work out and then the buck is passed down the line

What a real bummer!!
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Old 12-Dec-2006, 22:35   #3
doogalman doogalman is offline
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Allways worth a try. Some councils have a set limit that they will settle on as it is often their fault. I think you will find that most people don't bother because they think they have no chance. Go on give it a go. You could possibly use the small claims court.
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Old 12-Dec-2006, 22:38   #4
Dukerob Dukerob is offline
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Go get some photo's Jools, Nelly hit a pothole on his Duke some years ago and buckled the front wheel, the council got away with it by claiming the offending lump was within their tolerance and promptly went and smoothed it out! Photograph everything and write to them including the photos, I'm sure you should be in with a chance for that kind of damage/expense! Got any mates who are solicitors?
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Old 12-Dec-2006, 23:06   #5
multi600 multi600 is offline
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There should be a claim form to down load on your local council website. Hampshire have one or at least they used to have one a few years ago. I hit a lump of lime stone on the M27 while riding my RS250 and wrecked the front wheel. The stone had rolled into the road from work they where doing on the hard shoulder. I down loaded the form but in the end I did not followed it up as I got another wheel cheap, but if there is more at stake give it a shot.

Mike
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Old 12-Dec-2006, 23:38   #6
Carbon749 Carbon749 is offline
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Was a while ago, but I hit a pothole and wrecked a tyre on the car. I contacted the council and easily won my claim. This was around 18 years ago, not sure if they have clamped down on it. Worth a try at least.
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Old 13-Dec-2006, 11:34   #7
rcgbob44 rcgbob44 is offline
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A few years ago I hit a pothole on a bike and not only did it burst thre tyre it took the tyre off of the rim.

Complained to the council and they did not want to know and admit to any form of liability.

I got no where at all and the police did not want to know either.
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Old 13-Dec-2006, 11:47   #8
adk adk is offline
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It's worth having a go at claiming from the council - I bent a wheel in a pot hole a few years back and they paid for that. Years ago I came off my bike after the council had resurfaced quite a quick corner, left a load of gravel all over it and not put any warning signposts up! Only had jeans on rather than me leather troosers so the gravel completely shredded my leg - maybe they felft a bit guilty about that as they paid to have my bike fixed and for a new pair of jeans!
Anyway, give it a go - the worse they can do is tell you to sod off!
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Old 13-Dec-2006, 11:59   #9
Ducati Dealer Martin Ducati Glasgow Martin Ducati Glasgow is offline
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Quote:
Originally Posted by Jools
OK, so it's only to my car and not as potentially disasterous as it could be to someone on a bike.

BUT...

Driving Mrs Jools back from a hospital appointment today and took a back road home, just for a change more than anything. It's only a little country road, probably not even a B road, but still plenty wide enough for two cars to pass easily.

Anyway, driving gently down this little road doing no more than 30 mph and I drove through what looked like a puddle. Next thing I knew there was a huge crash from under the car as the left front wheel dropped into a pothole. It was violent enough to snatch the wheel out of my hands, it burst the front tyre (17" 45 profile x 245 - so not cheap) which was only a couple of months old, looks as if it could've done for my BBS split rim alloy and has wrenched the tracking out so that the car now pulls hard to the left.

I know the local highways agency is responsible for all adopted roads and I've read somewhere on this site about claiming the cost of the damage back from them - I'm gonna have to replace a tyre, get the tracking checked and I guess inspected for steering damage, get the wheel checked at least and possibly replaced - could be looking at what? £4-500?

Having to pay out that sort of wedge for something that's not my fault or responsibility p isses me right off - for the principle as much as the money

Surely the highways agency have a duty to keep the roads in a state of repair that doesn't rip cars to bits? Or am I p issing in the wind?


Defo go for the claim!

Before you do anything - and I mean ASAP - like today! Go and get photos from every angle including showing the backdrop so the area is easily identifiable from your pics. Also make sure you have something IN the pothole to give an idea of scale. (do be careful and don't get run over or anything )
Measure the pothole, length - breadth - depth etc and put a case toward them.

Find out what their idea of "acceptable" pothole size is. By the sounds of the damage and the speed you (claim ) you were doing, I bet that pothole is outwith their "acceptable" limits.

At the end of the day, the downward spiral is this (in overly simplistic terms): -
Councils have less dosh to repair the roads properly because they are receiving so many claims for burst tyres / wheels etc.
BUT we all know how little of the road tax we pay is put towards road repair!!
If the road authority was given more dosh and the roads were repaired properly in the first instance, things like this would be far less of a regular occurence!

I feel sorry for the guy dealing with the bank account at the council offices but i'm damned sure none of us should be paying for the repair of our bike / car / vehicle when we are already jointly paying for the proper maintenance of the road.

Mart

(gets off soapbox, puts it back in cupboard!!!)

Last edited by Martin Ducati Glasgow : 13-Dec-2006 at 12:03.
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Old 13-Dec-2006, 12:01   #10
adk adk is offline
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Oh yeah I shouldve said before - Like Dukerob said get loads of photos if you can before you put your initial complaint in to the council or the next time you see the pothole it will have been magically repaired and they'll deny all knowledge. Take a ruler along and photograph it showing the depth of the hole and also how far it is from the edge of the road. One thing they tried with me was to say that the pothole was actually the side of the road so I wasnt actually driving on the road - when I showed them the photo of the pothole a foot in from the side of the road they soon shut up. I know it seems like hassle but if you save yourself a 500 quid bill for 1/2 hours work and 4 or 5 photos then it's gotta be worth it....
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