Getting cash back from road issues isn’t a hole lot of hassle
IF there’s one subject that really gets people going, it’s potholes.
Every year, Resolver helps sort out hundreds of complaints about these terrors of the road. For those unaffected, it might seem like a trivial issue. But hitting a pothole can cause considerable – and more importantly, expensive – damage to your car. They can also potentially risk lives too.
Unfortunately, the perils of potholes fall under the jurisdiction of your local council, which means that some are good at dealing with complaints, while some are a bit rubbish. But don’t give up, there is hope.
Here’s my quick guide...
DON’T REACH FOR A ‘NO WIN, NO FEE’ COMPANY
YOU can make a complaint for free to the council where the pothole is lurking – and it’s not hard to do.
The local authority that is supposed to have been maintaining the road is responsible for sorting out potholes. If it knew about the pothole but was negligent in sorting it out, you stand a chance of succeeding.
GATHER SOME EVIDENCE
FIRSTLY, you’ll need damage reports from the garage that link the damage to the pothole. Don’t forget to include the full costs that you’ve paid for repairs. Damage that arises from potholes is quite identifiable, so make sure the garage spells that out on the invoice. As with any important documents, photograph them so you’ve got a record saved on your phone. This also means you can easily attach them to any complaint you make or emails you send.
GO TO THE SCENE OF THE CRIME!
GET some pics of the pothole up close – and also stepping back a bit. Needless to say, use that zoom and stay safe! If possible, measure or approximate the size and depth of the pothole if you can and also whereabouts it lies on the road. If you’ve got a smartphone handy see if you can catch a car being caught out by it too.
When you’re at home, note down what you can remember about the incident. Bullet points make it easier to read your claim and understand what happened. If the incident could have been dangerous, make sure you specify this too.
CONTACT YOUR COUNCIL
ASK for their complaints procedure. They may need you to fill in a form – but councils all vary in how to make a claim. The local authority’s obligations are generally covered by the Highways Act 1980.
But stay out of complex legal arguments. Complaints succeed based on your personal experiences so focus on getting your view across.
IF THE COUNCIL REJECT YOUR CLAIM, TURN DETECTIVE
YOU’LL need to counter the council’s arguments, which are usually based on its obligations to have taken ‘reasonable measures to ensure that problems such as potholes are found and dealt with swiftly’.
So check on local forums and social media groups to see if there have been previous issues with the pothole or road. There are whole groups devoted to rubbish road repairs so it shouldn’t take long. Local news is a good source of information too.
LAST RESORT – COURT
FAILING that, make a claim to the small claims court. It’s not as hard as you might think, but you need to pay a fee.