Don't give up.

by debbyg

28 Sep 2011

I used this site and other Internet advise to help with a pot hole claim. My son was driving my husbands BMW Z3 ac Schnitzer, hitting a pot hole and causing the shock absorber to come through the floor and behind the drivers seat. Hundreds of pounds worth of damage caused. The insurance put us on to a solicitor who because road was inspected regularly once a month and pending dated work to be done (4 weeks previous) they decided not to try for liability for us. I decided otherwise and continued with the fight. The holes had been painted around on at least three occasions as shown by the wear on the white paint and leaving these big holes four weeks (by the facts was much longer) was criminal never mind libelous. We took loads of photos and a video of cars bouncing in and out of the pot holes including one of a police car stopping to inspect the car after bouncing through them.
I know lots of people have prepared the same to be knocked back. However i had also highlighted and asked for the street lighting reports from the council as this had happened at night and he could not see the holes until in them. The plastic bollards on islands in the middle of the road forcing us through the holes should of been lit up and the trees had overgrown the street lighting so making it a blind area of road near a big 6th form as well.
The councils have standards published to abide by with lighting and they had not been met. Waiting a month to fill in pot holes is bad and damaging cars but also knowing the area had faulty lighting so could not see the painted areas or avoid them after dark! They have now admitted they should of at least lit the faulty area and the hole should have treated as a emergency in this case so have accepted liability. Yippee. Just to say thanks for all the help given and don't give up this took 8 1/2 months.