Ongoing pothole claim

4th June 2010

we've received a letter back from the council's insurance company, rejecting our claim, stating that "the council carry out inspections at the location of your incident on an anual basis".
after checking on the Code of Practice for Highway Maintenance Management
July 2005, it states the road in question is a 'main distributor', which carries a safety inspection frequency of 1 month.

do we have grounds to pursue the case further in trying to get compensation as the council have not inspected the road frequently enough?

any help would be much appreciated

Replies (1)

Potholes.co.uk Expert     posted : 07/06/10 at 10:14 am

You need to establish what category the local authority have designated to the road, but essentially you might have some grounds for pushing your claim if the inspection frequency falls woefully short of what the national code recommends.

You must still afford them the opportunity to explain why the frequency falls short. If they have risk assessed the process and can back up their decisions, a Court will look favourably on this, so you must ensure that you have all your 'ducks in row'