In november of last year I hit a pothole, the damage to the wheel cost £75 to repair.
I made a claim but the insurance say that as the road was inspected a week before and nothing was reported they had no idea it was there.
Pictures, sat nav position, invoices were sent with the claim. My argument is that the council have a duty of care to provide a flat,even road surface, after talking to my h/s manager he mentioned they have a absolute duty.
Who's at fault? please help!!!, is it my fault the pothole is there, what if something more serious had happened, fatility, serious injury
who'd pay the bills, bring up my children?
I also questioned the yearly inspection system, the method of repair which was tarmac put into hole compressed, flattened not planed, and was told this was sufficient.
I have no idea where you or your manager got these ideas from as I'm afraid that you are both a million miles from the actual situation. Go to www.roadscodes.org and download 'Highway risk and liability' to get an accurate picture.
Put very simply, pothole 'law' dictates that highway authorities can admit that the pothole was there (and even that it was enormous!) without them being liable for damage or injury, as long as they have done everything they could to identify the pothole before you hit it, and fixed it quite quickly once they did know about it.
Unless you can prove that they did not do everything they could (within reason) to identify the pothole before you hit it then no-one is at fault.
How the pothole was repaired is irrelevant to your incident. Annual inspections might be something you want to look at in more detail - download 'well maintained highways' and look at Sections 8 and 9.
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