Pothole small claims court

by iizsammy

24 Jun 2011

Myself and many others hit a pothole one evening back in January. It damaged my alloy and tyre, to which i had to get a new alloy and tyre. I reported it to the council the next morning, and advised them about the damage to my car, they sent me an incident form to claim back the expense that i had to pay out. - this was refused as they say that they were notified of the pot hole the morning that i hit the pothole, and that the road was inspected back November 2010, and wasnt due for inspection, i took pictures of the hole the following morning, as it was too dark and too dangerous for me to take them that night, by the time i got there at 8.00am they had filled in the hole. I disputed there decision, and was told that if i didnt have anymore eveidence then they still wouldnt pay out. I spoke to a solicitor quickly and they advised me to send a letter before action to them, and they still wouldnt pay the money back and i have since put a claim to the small claims court, their solicitor has told me that if and i "will lose" they say, then i will have to pay their costs. A judge has now requested me to attend a hearing and submit all paperwork the court on July 28th 2011. i found on the internet an article that an insurance company try and claim back money that they have paid out to people who have claimed on there insurance and it says that According to the road traffice act the council is only liable for the accident if they are aware of the pothole - is this true? it would cost me too much to seek solicitors further advice so i'm doing this on my own, i cant afford to pay the costs if i lose! please could you advice me on what to do. Thanks