Scirocco Register

I am in the process of claiming against the council for a similar accidient..
DIdnt crash into a lamppost granted but I my wheel was damaged and popped the tyre so am claiming for a new tyre and wheel.

This is what I hope to use against them...

Under S41(1) of the Highways Act 1980, you as the Highway Authority are responsible for ensuring the highway maintenance on publicly owned highways. I therefore feel that as the damage was caused through no fault of my own, the expense of repair should be met by those who have acted negligently in not carrying out corrective maintenance to the road.

This worked for my friend, its worth a try!

my missus hit a pothole in her 2 week old mk3 then that bounced her into the kurb destroying the wheel tyre. i came out to rescue her. i changed the wheel took pitures of the pothole kerb and wheel. i called the concel in a bad mood they sent out a clam form. i sent it off with pictures and they payed for a genuine vw wheel and 2 tyres. i wouldnt acept 1 tyre as they recomend you change tyres in pairs and i hate odd tyres the tread dephs would of been diffrent

There is such a thing as special defence under Section 58 of the Highways Act 1980. Summed up, if the highway authority concerned can prove they have an appropriate inspection regime in place and that it was not reasonable for them to have identified and repaired the pothole within the timescales prescribed by that regime, then they have no case to answer.

To make the claim work, you must be able to prove that the defect was such and had been there for enough time for the highway authority to have had the opportunity to attend to it as part of their normal inspection routine.