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Do I Have A Chance of Claiming?

by s.wales

18 Feb 2011

My partner hit a deep pothole on the 15.1.2011 in our small deawoo matiz and since then we av not uses the car because there is a noise coming from the wheel area which hit the pothole, we phoned the council the following day because this happened out of council office hours, they came out that day to fill in the pothole, in the mean time i wrote a complaint to the council, I received a letter to let me know the complaint was passed to galleger bassets who are the councils claim handlers, after a 3 weeks of waiting i have received an e-mail from galleger bassets saying "the council are not negligent in any way" and have a " special defence to this claim under section 58 of the highway act" gut and the road was inspected in August 2010! in my opinion it should of been inspected sooner after the bad weather. I am totaly gutted as i have no money to put the car in the garage and angry with the council for using this "section 58" excuse.

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Comments (1)

patsimbenbill    posted : 28/02/11 at 12.14pm

rnWe are going through the same thing at the moment. The pothole that damaged our car was last inspected in May 2010 and my husbands car was damaged by this same pothole in January 2011. What utter rubbish for them to admit that they are not negligent, how can this be right? I am seething and will stop at nothing until I get this sorted. Their argument is that because they did not know the pothole was there then they are not negligent. What were we supposed to do? Call them the day before to let them know that we were going to hit a pothole the next day? It's about time drivers had some rights against these types of claims. Are their any lawyers reading this that we can get advice from?

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