Fed up with Potholes?
With potholes estimated to cause as many as 1 in 10 mechanical failures on UK roads and costing motorists an estimated £730 million every year, it’s no wonder people are fed up with potholes.
Recent figures claim it would take 14 years to clear the backlog of potholes, but whoever controls the road has a legal duty to maintain it to a fit standard. If they don’t, and your car’s damaged, they should pay for repairs. That’s the law. Potholes are a major factor in causing axle & suspension failure, which counts for a third of mechanical issues on UK roads and costs British motorists an estimated £2.8 billion every year.
All local authorities have a Legal duty enshrined in statute to repair and maintain the highways. The obligation exists under section 41 of the highways act and they have a statutory defence under section 58 of “reasonable system of inspection/ repair.”
Can I claim compensation?
The answer to this is yes, but there are certain specifications which must be met first. Usually carriageway defects need to be 50mm or 2″ deep, footpath potholes only have to be an inch or 25mm. If you do damage your vehicle, you need to collect evidence. There will need to be detailed photos of the pothole, including close-ups and where it is in the road.
Potholes on the road need to be 50mm really although it’s not a hard and fast rule. Whereas a raised paving stone should be at least an inch.
Is the Council likely to pay out?
The key to winning these claims is proving breach of the inspection regime or failure by the council to act upon notice of an actionable defect. What does this mean? Well, if you can show that the inspectors have missed a blatant defect or even just not bothered to check the road at all – then you win your case. Early photographs TAKEN BY US ARE ABSOLUTELY ESSENTIAL . Don’t trust anyone who asks you to take your own photos – they don’t know what they are doing! We have pioneered case wining tactics on this that many other solicitors don’t know about . That’s why our success rate in these cases is much higher than average.
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