Read stories

< previous post next post >

Claim declined

by david.wright

17 Oct 2011

A week ago i had a letter from North Yorkshire County Council claim handlers declining a claim for pothole damage which occured on 15th August 2011. They are stating that the road was inspected on the 7th April and the defect was not presant. Considering that the depth and the size of the pothloe and the mild weather we have had since then i do not believe that this road has been inspected amd if so the person who did the inspection was negligent in duty. I have photographic proof of the hole and as soon as we reported it, it was filled in immediately. I feel that all councils. The claims assesors are using the highways act of annual inspections to avoid councils having to pay negligent claims for damages to third parties. I could do with advice from someone on how to fight these people. Pleas reply

BACK to 'Read stories' home

Comments (3)

Lanky posted : 05/11/11 at 8.31pm

You might have a claim, depends on the road. North Yorkshire say that for bus routes, A or B roads period of inspection is one month, even for residential its 3 months inspection. Go to http://www.northyorks.gov.uk/CHttpHandler.ashx?id=15649&p=0rnand read. rnp25, p33 and p34 is where you should start. They have to prove that they have done what they said in the document, and produce reports to show it - they can't just say they inspect so its OK. rnGo back & challenge if they can't prove they've done what they said they would do.

Potholes.co.uk Expert posted : 20/10/11 at 12.41pm

Have a read of our step by step guide for advice on how to handle and fight claims.

Frankos posted : 18/10/11 at 5.47pm

HirnrnContact Os on 01706 655200 tomorrow at 11am. He gave me top advice. I reckon you have a claim,

Write a comment

To post a comment you need to be signed in. Please enter your email address and password below to sign in, or if you don’t have a password click the link to register.

Avoid puddles if you can	Added on 29 Mar 2009; comment [0]
BEFORE you submit a claim for damage	Added on 05 Apr 2010; comment [1]
Do I Have A Chance of Claiming?	Added on 18 Feb 2011; comment [1]
Damage to Car - £500	Added on 27 Jun 2011; comment [1]
Help!	Added on 30 Jun 2011; comment [1]