Essex County Council has refused to acknowledge liability after a motorist suffered damage to his car on a road that was filled with potholes. Twenty-eight-year-old Daniel Bowler’s car was damaged when he hit a pothole in Layer-de-la-Haye, causing his wheel to buckle. The repairs to his car cost him £400, but Essex council denied liability.
Mr Bowler, who is a quantity surveyor, stated:
I was only going about 30mph when I hit the pothole, but it buckled the alloy wheel.
I sent off all the documentation and photographs to Essex County Council but I got a horrendous letter back accusing me of fraud, saying they’d get the police involved.
It was a completely genuine claim.
However the council stated they weren’t liable for any damage to vehicles caused by potholes.
They said that as long as they’d checked the road at a certain date they were not liable for anything that happened.
The same thing has happened to my father-in-law and a friend.
We are paying our taxes, some of which go towards the road repairs, and ironically some towards the legal department that declines to pay out any compensation.
I don’t know what you have to do to get any money out of them after a genuine claim.
A spokesperson for Essex council refused to comment on the case, stating that any disagreement was between the injured party and them. However, they did discuss their policy on potholes and damage to the roads.
However, we have a policy of dealing proactively with potholes, leading the way in using a permanent repair technology which has seen over 8,000 extra potholes treated in the past six months.
We want to ensure that as few potholes appear in the first place as possible.
Over the past three years the principal road work has received extra funding of £45 million and an extra £10 million pounds is currently being invested in improving residential and estate roads.
In 2008/9 over 170 miles of road was upgraded in the county and the 4,500 mile network is independently recognised as one of the best in the UK.
That probably won’t come as much consolation to Mr Bowler.
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