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They should have paid as they were aware and it was still there due to their delay in repair. I would have made a real nuisance of myself until they did pay up - or use the legal cover on my insurance.Good luck.
Many years ago I hit a very deep pothole and put a claim in.
The council said “It’s been reported for a repair before the accident so we will not be paying out” so out of pocket and didn’t get anywhere.
That is also my understanding. They can only refuse to pay if they can demonstrate that could not have reasonably known about the pothole. Saying they did know, but then not doing anything makes them culpable. Here is a useful extract;They should have paid as they were aware and it was still there due to their delay in repair. I would have made a real nuisance of myself until they did pay up - or use the legal cover on my insurance.
It's as if a cow got out of a field and caused an accident - the farmer saying "I was aware the fence was down so I am not going to pay." or if your doorbell was wired incorrectly and gave anyone who touched it an electric shock "I was aware it was live so tough that you got electrocuted".
Even if you have a no fault claim or discuss accident and do not claim subsequently it can increase your premium (you are considered to be at increased risk of further accidents actuarial)why should it? Insurance is not involved you are just suing the council for recompense for their negligence:
You’re probably right. I’m probably over-cautious and as no-one has posted a bad experience ill proceed.I am in the middle of doing a claim. They are asking for my insurance details but I was thinking that was to confirm I am inusred?
Their default is to reject all claims, then you appeal and they pay up…in my experience…and as has been rightly suggested they reasonably know about the defect.That is also my understanding. They can only refuse to pay if they can demonstrate that could not have reasonably known about the pothole. Saying they did know, but then not doing anything makes them culpable. Here is a useful extract;
There are a number of legal duties that must be observed by each highway authority to ensure that roads are safe and passable. This includes:
- To maintain public roads to a standard that ensures they are safe and passable
- To make adequate provisions to ensure that safety measures are in place for adverse weather conditions, such as icy pavements and roads.
- To recognise the character of each road within their care to ensure that it is maintained effectively for the volume and type of traffic use.
- To ensure appropriate warning signs are in place for any dangers on the road
- To maintain adequate records of works and repairs carried out on the road
- Make repairs as swiftly as possible to any known damages to the road and to ensure that any damage that isn’t immediately fixed is communicated to road users.
That’s a con, I suspect this happened too long to go back, that’s a shame.Good luck.
Many years ago I hit a very deep pothole and put a claim in.
The council said “It’s been reported for a repair before the accident so we will not be paying out” so out of pocket and didn’t get anywhere.
This is the 170mm deep pothole that burst my tyre 19 days ago (the whole road was flooded right across by about an inch of dirty water) and is still untouched:ps I understand a defect must be of 51mm or more depth……that’s 51mm cus it’s 2 inches….like the mortar…
That’s shocking, the council need a proper talking too.This is the 170mm deep pothole that burst my tyre 19 days ago (the whole road was flooded right across by about an inch of dirty water) and is still untouched:
View attachment 714023
View attachment 714024
This is the statement on the WSCC damage claims website.
View attachment 714021
Can i ask why you only claimed £274.99 when the total loss seems to be £444.98?This is how I did my claim. After not receiving any replies from previous emails i threatened to take them to a small claims court. Monies we’re paid into my account less than 3 weeks after.
Hope that helps!
View attachment 714056
TOTAL amount of claim = £274 99. consisting of 2x tyres @169.99/ three hours loss of earnings = £105.00Can i ask why you only claimed £274.99 when the total loss seems to be £444.98?
Sorry, I read that as 2 tyres at £169 each, my mistakeTOTAL amount of claim = £274 99. consisting of 2x tyres @169.99/ three hours loss of earnings = £105.00