Nottingham's Nelsons Solicitors Offers Pothole Advice After Sharp Rise in Number of Compensation Claims Due to Damaged Roads

Added by Love Business East Midlands | 28 March 2014

UPDATED: 28 March 2014

As David Cameron announces that local authorities will be given an additional £140m to help repair roads after one of the wettest winters on records, Nottingham’s Nelsons Solicitors are giving motorists, cyclists and motorcyclists tips on how to deal with accidents and damage caused by potholes.

At least 40,000 drivers nationally claimed compensation from councils for pothole-induced damage to their vehicles in 2013 – up from 25,977 cases in 2012. This sharp increase in compensation claims is due to the months of severe weather and was accompanied by warnings from councils of a giant backlog of road repairs.

Personal injury partner and solicitor at Nelsons Solicitors in Nottingham Julie Walker (right) said:

“In the first three months of 2013, more drivers reported damage to their cars as a result of potholes than in the same period in any of the three previous years.

“The pothole situation in the UK is perhaps as bad as it has ever been at the moment, which is why it is important that drivers and cyclists are aware of what to do if their car or bike is damaged by a pothole.”

Julie added:

“If you or your vehicle is damaged due to a pothole, providing it is safe to do so, you should gather evidence in relation to the pothole. Take a photograph of the pothole showing its position in the road. Note down all the key information such as the location, size and depth of the pothole and if possible reflect that in your photo using a ruler or coin”.

“Wherever possible, get the details of any witnesses who saw the incident and make sure you get quotes for all the repairs needed to your vehicle. Keep the receipts and make copies of them. Make sure that you also report the pothole to the Council.

“Next you make your claim by writing to the relevant highways authority/council responsible for the stretch of road where the pothole is located – include all the information you have gathered in your claim”.

Julie added:

“You should be prepared for rejection, as the council may reject your claim under section 58 of the Highways Act.

“Councils have a statutory defence in that they cannot be held liable for a defect which they are unaware of either from their own inspection system, or previous reports, providing that they had in place and followed a suitable system of inspection and maintenance.The key to claiming is to be realistic about whether the Council did enough to properly monitor, inspect and repair the road. We cannot expect the roads to be in perfect condition given the number of road users, and Councils are entitled to prioritise certain roads and repairs over others.”

However, Julie added that if the council makes an offer to a claimant, it is always wise to negotiate.

She said:

“Make sure you review the guidance provided on their website, and check what the council is liable for. While you can claim the cost of repairs, you won’t necessarily be compensated for additional travel expenses or the inconvenience caused.”

Finally Julie added that potholes were most dangerous to those on two wheels – those riding on cycles and motorbikes.

“Devastating injuries can be suffered following a fall from a bike which has hit a pothole. In those situations, given the complexities of properly proving and valuing it, it is extremely important that road users seek legal representation from proven personal injury specialists.That way, not only are you fully supported and advised through the process, but you can also be confident that any eventual settlement will be correct and at the right level.”

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