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Posted 9th April 2009
Car damage through potholes
As Britain marches into Spring after a long winter of rain, snow and freezing temperatures, the nation's roads have apparently reacted particularly acutely to these extraordinarily harsh weather conditions by cracking and sinking more than would normally be expected. With a sharp rise in the number of potholes appearing in roads right across the country, the claims received by local councils for vehicle damage has risen accordingly, with disgruntled drivers seeking to cover such unexpected expense at a time when everyone is trying to make the best use of their personal financial resources.
Making a claim to your local council if your car incurs damage as a result of colliding with a pothole is a common reaction, but as the Highways Act of 1980 has a built-in defence mechanism that is loaded heavily in favour of the local authority, it isn't enough for a motorist to simply prove that a pothole exists. Councils can, and frequently do, refuse claims on the premise that they cannot be held responsible for potholes if they have not been made aware of them previously. As it usually must be proven by any claimant that the council involved had not taken 'reasonable' measures to address the issue of cracked and potholed roads by means of a regular system of inspection and reparation, a satisfactory result in favour of the motorist is not guaranteed.
With considerable time, effort and expense involved in just submitting a claim for damage to a vehicle, many motorists are forced to absorb the repair costs themselves. Seeking compensation through small claims courts is the most popular course of action, but even if a motorist presents a full, detailed breakdown of costs for the damage caused to their car by a pothole - as well as photographs and dimensions of the pothole, plus witness details - it's still likely that the cost of taking legal action will be more than the bill for vehicle repairs.
