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Jamie-Law, Solicitor
Category: Traffic Law
Satisfied Customers: 7257
Experience:  Solicitor
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I was cycling home, when I got a pothole and was thrown from

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I was cycling home, when I got a pothole and was thrown from my bike. I sustained minor injuries as a result, as I miraculously landed on some grass next to the road, rather than hitting the oncoming traffic. My bike was also damaged.As soon as I got home, I reported the incident to the council, informing that they need to repair the pothole. I also arranged for my bike to be assessed by a local bike shop, to assess how much damage had been caused.Having researched the Highways Act, I noted that the council was responsible for damage to my bike, as long as the pothole was 20mm deep, or more. A few days after the incident, I returned to the pothole to measure it, only to find that it had been filled in by the council.I therefore submitted a claim to the council, asking them to pay for the damage that was caused to my bike.They are denying liability, and refusing to pay for the repairs, which total around £600.Would I be justified to sue them in the small claims court for this?

Hello my name is ***** ***** I will help you with this.

Did the Council know about this beforehand?

Customer: replied 8 months ago.
About the pothole? I'm not sure. I don't know how I would find that out either.After I went back to measure it and find it filled, I asked them why they filled it. They say that it only measured 10mm in depth, but decided to fill it anyway. I asked for photographic or written evidence to corroborate their claim, and all they could provide was a photocopy of a picture of the pothole, with '10mm' written next to it. I deemed this to be insufficient evidence. Is that right?

You need to know and ask the Council.

ONLY if they knew about it before your accident and didnt do anything about it would they be liable.

If they didnt know about it, they cant be liable.

So ask the Council whether they did - they will have records of inspection and repair notifications.

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

Customer: replied 8 months ago.
Would you mind explaining how they can't be liable if they didn't know about it beforehand? Is that something related to the Highways Act?

Sort of. They would have a defence under s.58of the Act if they show they have a reasonable scheme of inspection in place.

There are national guidelines on the inspection schedules.

Does that clairfy?

Jamie-Law and other Traffic Law Specialists are ready to help you
Customer: replied 8 months ago.
that's clear thanks.