Deffo go to the council! it can be a nightmare trying to get them to take responsibility for the damage. Get plenty of photos and keep all receipts / scan them and send them over to the council.
The only way councils will start taking potholes seriously is if everyone starts trying to claim for damage. Once they see all the money in compensation they are paying.... they will so fix the actual cause.
On the Essex website is states to claim you need to provide evidence that, at the time of the incident:
a defect existed on a road or pavement maintained by us
the defect is one that would be considered to be dangerous
the defect was the direct cause of the incident or injury, and that you have suffered a loss
They can 'get out of it' by stating that the pot hole hadn't been made aware to them, and so they had no way of repairing something they weren't aware of and therefore are not negligent.
A photo of the road in general (if badly maintained) along with the specific pot hole and damage (as many as possible, as mentioned above) should all help.
This is where dashcam footage also helps if you have one.
You have to prove the body responsible for maintenance has been negligent. ie they knew about the pothole but did nothing to repair it or make it safe.
Thanks all- won't bother if it's going to be a mission
I know 3 other people who have hit the same one. It's unbelieveable that councils get away with this. It's on a country's road which is always used by tracktors
Thanks all- won't bother if it's going to be a mission
I know 3 other people who have hit the same one. It's unbelieveable that councils get away with this. It's on a country's road which is always used by tracktors
Fair enough guys. If it's worth doing then I will. The whole point of me asking is to determine whether it is. If it involves me having to spend hours proving my case then it would be surely cheaper to fix
It looks like there has been a previous repair. It was covered by a puddle the other night so invisible.
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