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Emergency Repair Fit For Purpose?

30th March 2017

I've been having a long running email "chat" with an insurance assessor representing our council's highways contractor.

I've formally claimed for wheel and tyre damage and it's been rejected.

They seem to be adhering to the national standards regarding inspections and response times etc but...

On 6th Jan 2016 they dispatched a crew to a pothole catergorised as an emergency and made a temporary repair, complete with photos and log sheet (which I have).

On 13th Jan 2016 - 7 days later, I struck a pothole in the same spot where their temp repair had been carried out - in other words, it has failed in 6 days. Their temp repair had been partly disintegrated and the pothole reappeared. I have photos of the pothole I hit and the second temporary repair they did the next day, because myself and others had reported it.
I can't deny they are prompt, but my question is, can I argue in court that their 1st repair of 6th January 2016 was substandard as it only lasted 6 days, allowing the pothole to return to the "emergency" state, as recorded again on their data sheet for the date I hit it?

They are saying the temp repair of 6th didn't fail, and that it was the edge of an older permanent repair that failed, but that's not clear in the photos - it's just a deep hole in the same place.

Also, if I go to court and lose, what will I have to pay - the MSE guide isn't very clear on costs if I lose.

Many thanks.

Replies (1)

gunner2409     posted : 30/03/17 at 4:14 pm

i have a broken spring on the drivers side it was found on 29/3/17 at my local garage it was fine when i had my m o t in febuary but the hole has been filled in today some time should i make a claim .

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