Re: Pot Hole Damage

On 31 Aug 2006 04:05:19 -0700, "MB" <michael.betts@xxxxxxxxxxxxxx>
wrote:

I hope someone here may be able to help with this one.

In May of this year, I hit a pothole in a country lane near my house.
The hole was covered by standing water, and I needed to drive close to
the edge to give way to an oncoming bus.

I put a claim into the local council (West Berks), supported with
estimates from my local garage, for the cost of replacing the damaged
wheel and tyre. I didn't put in any claims for inconvenience etc. as I
wanted to settle this as quickly as possible.

After 3 months, West Berks insurers have now come back refusing
liability. This is on the basis that West Berks had fulfilled their
duty of care by inspecting the road within the previous 6 months
(December 2005). When I enquired when they were first aware of the
pothole, they stated their first report of its existence was the day
after my accident.

While I appreciate that the council can't be expected to monitor the
condition of the roads 24/7, how can I ensure that what they are
stating is the truth and that they weren't aware of the hole until
after my incident?

I am told by locals that the hole had been there for a number of weeks,
so it strikes me as somewhat unfortunate that I happen to hit it the
day before they were made aware of it. The hole was filled in the
following day, coinciding with the day I reported my incident.

Any advice would be much appreciated. Thank you.

What kind of rubbish cars do you all have? Something made in 1935? I
think you need to get a newer car with decent suspension that can cope
with the odd bump.

If you're looking for someone to blame, why not blame the locals for
not reporting the hole "some weeks ago". I've reported a number of
holes as they appear in the roads of Hammersmith near my house, and
they seem to get dealt with the following weekend or before.
.

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