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BOLTON Turton, Broadhead Road

by pgljl

27 Feb 2010

I just wanted to let people know that sometimes there are success stories in respect of claiming damages caused by potholes, although it does take perseverance.

Almost two and a half years ago, in Nov 07, I hit a pothole on an unlit country lane between Blackburn and Bolton. The accident caused over £400 damage to my car. The Local Authority, Blackburn with Darwen BC, refused to settle the claim citing Section 58 of the Highways Act and claiming that as they had carried out annual inspection (albeit the previous Feb) this negated any responsibilty for the accident, and so any claim against them.

Luckily I had legal cover on my motor insurance policy and was able to secure the services of a solicitor that way.

I also researched the incident myself. I took photos of the area & measurements of the pothole and obtained maps of the area. I obtained copies of various highway management good practice guides in an attempt to prove that an annual inspeciton of the said road was insufficient given the traffic which uses it. (The road is a 'cut through' for commuters). I was also fortunate enough to secure the support of my Local Councillor.

We were due to go to Court on Mar 9th and I was prepared to fight my case all the way. Last week however, my solicitor rang to inform me that Blackburn Council were prepared to pay the original damages and as a result the case has been settled. I am very grateful to the people who assisted me in fighting for my claim.

I would like to wish good luck to everyone fighting similiar claims. Unfortunately there are no guarantees but don't take an initial rejection of your claim lying down!

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Comments (2)

pgljl posted : 02/03/10 at 7.55am

BikeriderrnrnSorry to hear that you too have experienced problems on Broadhead Road. I wish you luck with your claim. As I said orignally, perseverance did eventually pay off for me.rnrnPart of my claim was to challenge the annual inspection period which the Council claims is sufficient for this road. As you rightly point out, they have failed to take into account the amount of traffic which uses this road for commuting purposes, cutting through between Bury/north Bolton and the M65.rnrnOne word of warning, although being a local resident you probably already know, there is a particularly dangerous pothole opening up on the Bolton bound side of the road just by the 'agricultural cottages' on the left as you enter Crowthorn. Take care, particularly if you are on a bike. pgljl

bikerider posted : 01/03/10 at 10.22am

I live on Broadhead Road and I know just how bad the roads are around here. The council don't seem to realise that there is a massive surge of traffic in the morning and evening. The just assume that it is a quiet road as it probably is when they inspect it.rnrnIt really needs a lot of work doing, they appear to be doing it in stages over the past few years. Hopefully in the next year or so it should be up to standard.rnrnGlad to hear you have had a good result. I'm just in the process of claiming for damage on Turton Road heading to Tottington. Hopefully I will have an easier time than you didi.

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