When Pot Hole Compensation Claims go Wrong!

When Pot Hole Compensation Claims go Wrong!

Well we are all too aware of the pesky pot holes that have been appearing in many many streets and main roads across many parts of the UK. A lot of you out there will have become victims to such pot holes, probably causing damage to your vehicle and/or injury to yourself.  

I was reading a news article in the Dumfries and Galloway Standard (18/03/2011) about a women whom was a passenger in a vehicle when the driver drove over a pothole causing the two tyres to burst. To make matters worse, the couple did not have a mobile phone signal so they could not phone for help.

The driver later said that “he spotted a pothole and tried to avoid it but he ended up going through another one that he thought was standing water”

He subsequently had to pay out over £280 for the repairs to his vehicle; sound familiar?

The driver of the vehicle reported the accident to the council the day after the accident but only to receive a letter from the council’s insurers stating that he won’t be entitled to any compensation unless he can prove the council were at fault for the pot holes.

So, what happens when a pot hole compensation claim goes wrong?

This is quite a common occurrence due to the ways of the law; the council can say that they are not liable for the pot holes under section 58 of the Highways Act. This states that, as long as the council can prove that they regularly inspect and maintain the road surface within a set period of time, say, every 12months, then the council cannot be held liable for any claim for compensation.   If we can prove that the council have failed to regularly inspect and maintain the highways in accordance with their policy, your claim should be successful.

Here at The Injury Lawyers we are here to give you free, independent legal advice, so if you are unsure whether you have a successful pot hole claim please feel free to call us and discuss your claim.