Pothole damage (1 Viewer)

tkk

Jun 9, 2014
357
274
notts
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Hi,
Does anyone know from experience if a claim against Council for pothole damage affects Insurance Co. risk rating at next renewal?
Thanks
TK
 

Realist

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Nov 4, 2018
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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.
 

Puddleduck

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Jan 15, 2014
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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.
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".

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OutTheOffice

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Apr 11, 2022
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The last thing I would do is tell the insurance company, unless you are definitely going to claim on the policy. The less they know the better.
 
Mar 23, 2012
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sleights
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I think it's going to depend if you sort out the claim yourself or try and get the insurance company involved in chasing the council. In the first case unless you tell them I can't see any way it will affect your insurance. If they are involved though I wouldn't be surprised if it did affect future premiums.
 
Apr 19, 2019
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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.

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".
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.
 
Jun 25, 2016
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A few years ago my wife stubbed here toe and ripped her trainers whilst running on a pavement, the remains of a post were just sticking out.
She asked the council to pay for new trainers, they denied liability saying the area was recently inspected and no fault found. I took photos of the remains of the post, which showed rust and moss that showed it was not new.
Used a no win no fee outfit, they got us £5000!! , their cut was undisclosed but was on top of that.

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tkk

tkk

Jun 9, 2014
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newbie but learning fast
why should it? Insurance is not involved you are just suing the council for recompense for their negligence:
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)
reaso I asked is that they ask for my car insurance providers details, perhaps to confirm i am insured but .......
 

haganap

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I'm an oldbie MH number 10
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?
 
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tkk

tkk

Jun 9, 2014
357
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notts
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newbie but learning fast
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?
You’re probably right. I’m probably over-cautious and as no-one has posted a bad experience ill proceed.
 
Dec 24, 2014
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I had a tyre burst on a pothole a week ago and have raised a claim on the Highways website. When I phoned they said that if the pothole HADN'T been reported they would not accept liability.
See my tale in a couple of posts here:
Broken Link Removed
 
Oct 28, 2022
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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.
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.

ps I understand a defect must be of 51mm or more depth……that’s 51mm cus it’s 2 inches….like the mortar…

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Oct 9, 2019
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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’s a con, I suspect this happened too long to go back, that’s a shame.
 
Dec 24, 2014
9,318
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Hurstpierpoint. Mid Sussex.
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Compass Navigator
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Ever since lighting was by Calor gas.
ps I understand a defect must be of 51mm or more depth……that’s 51mm cus it’s 2 inches….like the mortar…
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:

Hole 1 dims..jpg




Van. Long shot.JPG



This is the statement on the WSCC damage claims website.

1675718792878.png
 
Last edited:
Apr 26, 2015
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Ottershaw
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Hymer S820
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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
Can i ask why you only claimed £274.99 when the total loss seems to be £444.98?

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Puddleduck

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I also report all road defects not only direct to the County Council but also to the local community council who minute and also report "up the line" so there is a record of the report.
 

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