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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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returning from work last march, hit a pot hole that had appeared

Resolved Question:

returning from work last march, hit a pot hole that had appeared overnight 100 mm depth,unavoidable to stear clear as there was a traffic calming island adjacent to pothole.resulting in unrepairable tyre wall costing myself approx £150
have had corespondance with local council,reply road inspected once per month therfore no negligence on there part, note this pothole was reported by the local police .
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a lawyer with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Do you know if there has been a pothole at this particular point before? Are you sure it appeared overnight?

Customer:

the pothole was only there for a short period as other people from work spoke about this particular hole this morning, and was quickly repaired that day i believe

Customer:

I have not seen a hole in this area before and i live within 0.5 of a mile of this location

LondonlawyerJ :

Thankyou I will get back to you when I have finished my lunch.

Customer:

this location does get a lot of heavy vehicles going over this road ,and as i said this part of the road is uadvoidable to all traffic as it has an island for crossing from the adjacent bus stop.

Customer:

do you need anymore details of this event.

Customer:

I am waiting for a reply about what I should no next about my clam from the council

LondonlawyerJ :

I assume that this is a public road that LA have the responsibility to maintenance.


S 58 of the Highways Act 1980 allows a council or highways agency to defend claims on the basis that they had taken reasonable measures to ensure that problems such as potholes are found and dealt with swiftly.


All councils should have a reasonable system in place whereby they regularly inspect roads and repair them if necessary. Provided they have followed their system as they should, they may be able to reject your claim.


This link will take you to the code of practice for local authorities to comply with in maintaining roads. http://www.ukroadsliaisongroup.org/en/UKRLG-and-boards/uk-roads-board/wellmaintained-highways.cfm


You could ask for a copy of the local authority’s maintenance policy to see if it complies.


However even if their policy is non-compliant or they have not been following their own policy I doubt you will be able to claim. as the pothole was there for such a short time before your accident. There is clearly no claim in negligence and it is hard to see how you would be able to bring a claim for breach of statutory duty.


If you were to bring a claim it would be a small claim and if you follow this slink you will go to the government’s money claim website where you can, if you wish, issue a claim online. https://www.gov.uk/make-court-claim-for-money/overview


I hope this answers your question but if you have any follow up questions then please feel free to ask. I would also be grateful if you would rate my service to you. This will not close your question and I will continue to answer.

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