Pothole woe!

[lalith16]

Originally Posted by isleaiw

On that basis, if you were the first to slip on a wet floor in a hotel, the hotel could claim they didn't know and so aren't negligent. As I handle insurance claims in said environment I can tell you that isn't so...

Just to keep inline with your quoted scenario to make a point: I am sure the hotel can, if they want to, always argue their case on ‘we didn’t know’ argument depending on the strength of their argument. Then perhaps one would ask are there reasonable and valid grounds for their ‘we didn’t know’ argument.

Council can’t inspect every road within their jurisdiction everyday of the year and that would be very unreasonable to expect of them; I have seen potholes that appeared in a matter of just few days. What I mentioned in my post was what I heard from other people who brought similar cases against councils and this is something I haven’t had any personal experience in.

Yours is a valid point. Having said that, not everything that sounds like ‘common sense’ and ‘correct’ in the real world may not sound the same in the world of law and courts.

[cassell]

Originally Posted by cassell

Update:

Reported the pothole to Staffordshire County Council Highways Dept., it was logged as a first report and a reference number has been issued to me.

A visit by an engineer is scheduled, all of which implies that they weren't already aware of the defect, so fingers crossed I may get some recompense!

Update: Apparently the pothole had already been reported but I was the first person to report damage to a car. They have now repaired the pothole and I have been asked to submit details of my repair costs for compensation consideration, my tyre receipt is acceptable proof they say.

Fingers crossed!

[lalith16]

Originally Posted by cassell

Update: Apparently the pothole had already been reported but I was the first person to report damage to a car. They have now repaired the pothole and I have been asked to submit details of my repair costs for compensation consideration, my tyre receipt is acceptable proof they say.

Fingers crossed!

Based on what you have said all this sounds positive to me. I do not see them declining to pay £153 as it will cost them much more than that to put up resistance and more importantly, which IMO are most likely to loose anyway!!

[Lost Medic]

Originally Posted by Belmont84

I have claimed successfully for pot hole damage, it was fairly easy and hassle free.

I have also successfully claimed and it took 8 weeks for them to admit liability.

£345.50 awarded (inc costs) for a damaged tyre.