Help!

by Haz

20 Feb 2008

In 2006, I was driving down a main road in Leeds when I hit a big pothole, popping my tyre and cracking my alloy wheel. I called the council and the person I was speaking to confirmed that there had been quite a few reports on it.

I then submitted a claim, which was denied by their insurers. They relied on the defence that as long as they inspect it once a year, they are not liable no matter how substantial the damage. I did not get round to replying.

I have now written to them requesting the case to be re-opened, as I understand that the limitation period is 6 years for a contractual claim. I have requested all correspondence to be forwarded to me as well as copies of all evidence I had submitted, including the actual damage, witnesses and photo's of the pothole.

At the end of the day, the council have a duty to keep the highways maintained and act on any dangerous damage. They breached that duty as a lot of potholes had been there for a while, causing damage to my vehicle. I don't care how often they inspect the roads; they told me that it had been reported on a regular basis. I think that a one year inspection is not good enough as it is a very busy road, used by cars, busses, Lorries, motorcycles and bicycles.