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Damage caused by potholes
Topic posted by
SteveJ... dated:27 January 2008
Has anybody successfully obtained compensation from the Council after pothole damage to their car?
I hit a bad one last Tuesday on Davyhulme road at the top of Woodhouse, near the garden centre. it has damaged the alloy on my car. I didn't get a chance to go back to phtograph it until saturday, and found it had been filled.
I hit a bad one last Tuesday on Davyhulme road at the top of Woodhouse, near the garden centre. it has damaged the alloy on my car. I didn't get a chance to go back to phtograph it until saturday, and found it had been filled.
Re: Damage caused by potholes
Reply posted by
Fb
... dated:16 February 2010
The Council insurers have responded to my latest email asking what length of time do they allow for a large pot hole to develop.
The reply is ludicrous. They say it is impossible to say a time, due to the amount of rain/frost etc that could damage the road surface/pavements.. They say ,again, that the road was inspected on the 4th September and no faults were found.
This would obviously relate to pavements as well
Be very careful out there everyone.
Re: Damage caused by potholes
Reply posted by
Herb
... dated:16 February 2010
You can report a pothole to TMBC online or by phone.
Re: Damage caused by potholes
Reply posted by
SteveW
... dated:14 February 2010
Just a thought, are motorists being treated unfairly here or not? If it is necessary to show negligence by the council, are pedestrians that trip over a raised paving slab also required to show that a previous inspection or report was ignored? If they are not, it seems crazy that motorists must do so, considering that the differing speeds of approach, other things to watch out for and possible filling of the pothole with water would make it far easier for the pedestrian (assuming normal sight) to avoid the danger than for a driver.
Re: Damage caused by potholes
Reply posted by
Steak
... dated:14 February 2010
Fb,
Have you been issued with a copy of the inspection report and also does anyone who lives local know how long the hole was there.
Re: Damage caused by potholes
Reply posted by
Dave - urmston.net
... dated:14 February 2010
FB, if you don't mind arguing your own case in court, then you should take the council to a small claims court. If you have the evidence and particularly if you have a witness, then it may be worth paying the £75 or so and putting your case in front of a judge. I've represented myself twice and court and it's nowhere near as bad as it sounds and even if you lose, there is a limit to the costs that you have to pay. If you have a well prepared case though you may be awarded something.
Re: Damage caused by potholes
Reply posted by
Fb
... dated:14 February 2010
Me again . The insurers have dismissed my claim as Bowers Avenue was inspected on the 4th September 2009 and was found to have no defects. The incident took place on the 15th November. I have replied to Trafford Council's insurers asking them to define what would be an acceptable time allowance for the road to develop a 3ft x 2ft x 5" deep hole. I have sent photographic evidence this time. I'm am probably in the minority, but to me this is an idiotic excuse.
Re: Damage caused by potholes
Reply posted by
Tom
... dated:08 February 2010
It would make more sense to actually repair the roads properly, by resurfacing them once they're worn out, which is what the council are paid to do.
Instead they'd rather pay for diversity programmes and social awareness courses.
Re: Damage caused by potholes
Reply posted by
Robbo
... dated:08 February 2010
Having worked on highways, if the hole is not on the worksheet it does not get done. I did a big pot hole once only to notice another one bigger up the road, a resident came and asked if we could repair it but we could not how potty is that. Surely it would make sense to do all the holes on one road at a time and save diesel simple. But I threw some tarmac in it anyway to ease the streets on cars.
Re: Damage caused by potholes
Reply posted by
Sherbert
... dated:08 February 2010
The lucky residents of Roseneath Road have had workmen filling in potholes last week...............but I think they must have run out of tarmac, because they only filled some of them in.
Re: Damage caused by potholes
Reply posted by
EricJ
... dated:05 February 2010
Fb, hope your driving is more courteous than your comments shown to me.
Re: Damage caused by potholes
Reply posted by
Noel
... dated:04 February 2010
The one word that everyone has missed is negligence. If you don't prove that the council has been negligent in their actions then you are unlikely to succeed.
You may prove negligence if you know that they were aware about it and took no action but it will be difficult. Suggest you photograph the hole with measuring markers in the shot and go and see a solicitor at a free advice surgery. Also photograph the wheel and take those pictures as well. Does the hole and damage to the wheel tally?
The solicitor would assess the merits of your case. If necessary, use you legal expenses insurance either on your house or your car if you think you will be successful. That way you don't have to pay for a solicitor to take action for you.
Re: Damage caused by potholes
Reply posted by
Steak
... dated:04 February 2010
Section 58 of the highways act 1980 lays down the standards which the Council have to adhere to. Under the Freedom of Information act ask the Council when the road was last inspected at the point where the pothole was and request a copy of the inspection report. This act also stipulates that the repairs have to be carried within a reasonable time period.
Re: Damage caused by potholes
Reply posted by
Rossie
... dated:04 February 2010
There is another approach to claiming, if the council say that they had identified the problem then thats all they have to do to avaid claims against the council, you might be able to claim off the contractors who are tasked with repairing the potholes, if they had been informed by the council of a problem and have not reapired it in good time then it would be their liability.
Re: Damage caused by potholes
Reply posted by
Fb
... dated:04 February 2010
Ericj Thanks for that. I am only trying to keep people less fortunate than me aware of the situation that could arise when it happens to them. I am now going to drive on the pavements trying to avoid all the people lying on the ground, invitation only obviously, taking great care and attention, as all the pavements are perfect. Please advise what part of your council tax you think your money goes to. Let me help you with that maybe. Police ? Lighting ? Road Gritting ? Leaf collecting?State of the pavements (ooops I have already stated they are perfect!) refuse collection (outside company ripping the council off probably) and loads more which I can't be bothered to think of.
Two last things EricJ, I have been an advanced driver for the last 11 years so your statement of due care and attention is a load of tosh and you obviously live on a beach with no clouds in the sky.
Re: Damage caused by potholes
Reply posted by
Tom
... dated:04 February 2010
That's a bit unfair EricJ. The council have a duty to maintain the roads, and for decades now they haven't, which is why they're literally falling to pieces.
It isn't as simple as "claiming off your insurance", as excesses and loss of no-claims bonuses can make the procedure extremely expensive. And you were one of those whinging about there being no grit on the pavements recently. Surely your private medical insurance should take care of things, if you fell and hurt yourself. As a tax payer, I don't want to be paying your medical bills.
Re: Damage caused by potholes
Reply posted by
EricJ
... dated:04 February 2010
Fb,Trafford do not invite you to drive on local roads, it is up to you to drive with due care and attention and avoid all hazards. Any damage to your car while you are driving is your responsibilty and is covered by your own insurance,
Glad we Council Tax Payers are not paying for your car repair.
Re: Damage caused by potholes
Reply posted by
Tom
... dated:03 February 2010
The council is only liable if they knew about the pothole but failed to repair it after that point. Otherwise, its classed as a no-fault accident.
Urmston's roads are literally falling to bits. Just look at Flixton Road between the station and Bowfell Road. The surface is like the top of an apple crumble. It won't last much longer.
Re: Damage caused by potholes
Reply posted by
Steak
... dated:03 February 2010
Fb,
Ask them who's fault it is then. Don't let them fob you off, please realise this is why they didn't write to you, they just hope you will give up and go away as most do. Also don't forget your claim is not against the insurance company it is against Trafford Council this is another cover they operate just to get you to drop it.
Re: Damage caused by potholes
Reply posted by
Crumple
... dated:03 February 2010
My car is booked in for work on the suspension next week - since the snow went after new year & all the pot holes arrived my cars started with this problem.
Re: Damage caused by potholes
Reply posted by
Fb
... dated:03 February 2010
Just to let everyone know , Trafford Council Insurers have declined the claim I registered with them on the 15th November for a new alloy wheel caused by a large pot hole on Bowers Avenue. They did not even have the decency to inform me of the rejected claim . I know it has been rejected because I emailed them to hurry them along , as it is nearly 3 months since it happened. The insurers claim it cannot be proven that it was Trafford Council's fault as they inspected the damage in early September. Pictures were sent with the original claim. As I said previously, this is the 2nd time I have had to replace a damaged wheel, the first time the tyre needed replacing as well, which I did not claim for. I cannot believe the insurers response, that it can't be proven to be the council's fault. Advice please as to who's fault it is if it isn't the Councils. I honestly thought, that it would be only time causing the payment delay. I have never claimed for anything before off the Council, by the way. I have sent an email replying to their rejection asking them to explain why it isn't the Councils fault.
Re: Damage caused by potholes
Reply posted by
NewsDesk
... dated:23 November 2009
Hi FB
I work for the Messenger and this sounds very much like a story. Can you contact me on my direct line - 908 3388.
Regards
Robert Downes
I work for the Messenger and this sounds very much like a story. Can you contact me on my direct line - 908 3388.
Regards
Robert Downes
Re: Damage caused by potholes
Reply posted by
EricJ
... dated:23 November 2009
Giant Pothole near the Bent Brook, many potholes along Broadway, in fact it needs resurfacing again, the last time it was done was only about 4 years ago and they did a bad job then.
Re: Damage caused by potholes
Reply posted by
EricJ
... dated:16 November 2009
For about 5 years there has been a 100 yards of potholes on Davyhulme Road between Bowers and Laburnum, various contacts to my Local Councillor stated that United Utilities were responsible for the repair.
A few months ago I contacted Trafford themselves, I was told the Builders of the new Housing estate off Bowers were liable for the road repair but as they have gone out of business Traffoird will repair the road in January 2010 when funds are available.
Regarding the Bowers Avenue porthole, this be repared quickly because two Councillors live on this road and elections are not far away.
Re: Damage caused by potholes
Reply posted by
Steak
... dated:16 November 2009
Fb,
Send them a nice polite letter along with copies of the photo's telling them how much you wish to claim. Another important thing to note is try and find out if and when this pothole was reported before your accident. If the council were aware of it's existence before your claim it will be a lot easier.
Re: Damage caused by potholes
Reply posted by
Fb
... dated:16 November 2009
Has anyone out there hit the pothole (36" x 24" x 5" deep) on Bowers Avenue. I came out of Balmain Ave on Sat night and was doing no more than 20 miles per hour when I hit it, it was hidden under water !!. . When I checked on Sunday morning the tyre was flat . When I removed the wheel I found the inside of the alloy wheel has been dented in two places and is beyond repair. The tyre to replace is £118 and the alloy wheel is £140. I have taken pictures etc and emailed Trafford Council. The rear wheel has also got a slight dent in it but the tyre has not gone flat. What do you think my chances are of claiming my money back?. This is the second time this has happened. I did not claim for the first one which was outside the Bent Brook pub .
Re: Damage caused by potholes
Reply posted by
Joe
... dated:08 August 2008
LisaK... A friend of mine has just had a rear wheel replaced courtesy of Trafford Council, the damage was caused on Chassen Road bridge. The claim took a good while to go through but was worth it in the end. If enough claims are put in they might spend a little more money filling in the holes properly. Must be worth a try!
Re: Damage caused by potholes
Reply posted by
Graz
... dated:08 August 2008
It looks like more road narrowing is planned for Bowfell Road at the junction with the Curzon roundabout. I can't remember if two vehicles can fit side-by-side at this point but the spray paint suggests it will be a single lane.
Re: Damage caused by potholes
Reply posted by
AN
... dated:29 February 2008
LisaK, I know that it is not always possible but if you do live and work locally then why use your car?
Re: Damage caused by potholes
Reply posted by
LisaK
... dated:29 February 2008
Three weeks ago I had to have two rear suspensions replaced on my car, last week the same thing on my other half's van also had to be replaced, then only two days ago my Dad's car also had the same problem. We all live and work locally and 99.9% of our journeys are in the Trafford area. It's no coincidence that three seperate vehicles have come down with the same problem. Trafford spend too much on corporate lunches to discuss where to spend their budgets than getting something useful done about the dangerous conditions of our roads.
