Pothole and bent wheel

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m20b25
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Pothole and bent wheel

Post by m20b25 » Wed Jan 24, 2018 6:32 am

Received a phone call the other night from my better half saying she'd gone down a pothole and the tyre had burst.

Despite raging inside, I'm staying calm but I now need a new tyre and the wheel has a flat spot so I'll need a new one. Total is around £500 from bmw!

Is it worth pursuing with the council? The pothole was on a country road full of potholes and it was submerged. Putting a wanted ad up for a wheel now

Edit- can't do a wanted ad apparently.

Update: both n/s wheels knackered.

It looks like there has been a previous repair to the hole

Image

Image
Last edited by m20b25 on Tue Jan 30, 2018 9:30 pm, edited 1 time in total.

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Barney McGrew
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Re: Pothole and bent wheel

Post by Barney McGrew » Wed Jan 24, 2018 9:12 am

Yes always try to go the council, take plenty of photo's of the damage and the pot hole in question. Also report the pot hole.

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CynicalRobot
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Re: Pothole and bent wheel

Post by CynicalRobot » Wed Jan 24, 2018 11:37 am

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.
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Barney McGrew
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Re: Pothole and bent wheel

Post by Barney McGrew » Wed Jan 24, 2018 11:53 am

Check the council website, it may give more info.

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.

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AndyBish135i
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Re: Pothole and bent wheel

Post by AndyBish135i » Wed Jan 24, 2018 12:18 pm

Submit a freedom of information request asking for details of the maintenance on that particular stretch of road...
Might give you an angle?
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HN1989x
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Re: Pothole and bent wheel

Post by HN1989x » Wed Jan 24, 2018 4:20 pm

As others have said, gather as much evidence as possible.

Also, make sure that the road is infact the councils responsibility.

I don't know where you live but in London, alot of the major red routes are TFL's responsibility.

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Re: Pothole and bent wheel

Post by dark_cobra » Wed Jan 24, 2018 4:24 pm

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.
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Re: Pothole and bent wheel

Post by robsaboy » Wed Jan 24, 2018 6:50 pm

Look on Google Street view - is it there? If it is then good evidence... Check if it's listed on sites like https://www.fillthathole.org.uk/
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m20b25
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Re: Pothole and bent wheel

Post by m20b25 » Thu Jan 25, 2018 7:25 pm

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

Also loads of reports of it on that website

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Re: Pothole and bent wheel

Post by stevesurrey » Thu Jan 25, 2018 10:16 pm

If its been reported before then they are negligent and cant claim ignorance as a defence.
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CraigG
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Re: Pothole and bent wheel

Post by CraigG » Fri Jan 26, 2018 9:46 am

m20b25 wrote:
Thu Jan 25, 2018 7:25 pm
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

Also loads of reports of it on that website
that attitude is the exact reason they get away with it. people cant be arsed to put the effort in, so the council/government just walks all over us.

And not just about pot holes either.
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stevesurrey
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Re: Pothole and bent wheel

Post by stevesurrey » Fri Jan 26, 2018 10:54 am

Potholes made the news on the BBC today http://www.bbc.co.uk/news/business-42826912
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Barney McGrew
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Re: Pothole and bent wheel

Post by Barney McGrew » Fri Jan 26, 2018 11:58 am

CraigG wrote:
Fri Jan 26, 2018 9:46 am
that attitude is the exact reason they get away with it. people cant be arsed to put the effort in, so the council/government just walks all over us.

And not just about pot holes either.
Agree, if those other people had also reported it, then the is increased pressure for them to repair it.

If only the odd person claims, it's probably cheaper for them to pay the odd compensation than actually do anything about it.

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Re: Pothole and bent wheel

Post by m20b25 » Sat Jan 27, 2018 12:16 am

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

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Re: Pothole and bent wheel

Post by marco_polo » Sat Jan 27, 2018 9:10 am

Is it a 436m 'cast from toffee' wheel by any chance?

If it is, you should be reporting each and every pot-hole you see, as they buckle for a past time.
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