Claiming for damaged front wheel off the council

Has anyone ever successfully claimed for damage to their vehicle of the council?
Last March I damaged my front wheel in pot hole going to Hartside Moor. I thought I did really well managing to stay on the bike whilst it was trying to shake me off. I later realised that it was probably the electronic steering damper that allowed me to stay on not my superior biking skills.
My question is. Has anyone successfully claimed for damage to a vehicle from the council?
I have submitted a claim to the council, been passed onto Zurich their insurance company. Requested a Freedom of Information Act ditty to find out when road was last surveyed/repaired, got a spreadsheet that does not mean a great deal to me. Been told it was not their fault because road had been inspected in reasonable time (I don't think it had been, as pothole was about 3 metres long and 35mm deep). I then tried my uninsured losses insurance they didn't even try and just got the same standard answer and dropped my case, they said from their experience there was no point in pursuing the claim, but they aren't the ones who are out of pocket £550.
Despite me not claiming on my bike insurance or even notifying my bike or car insurance my name is now on the insurance database as having a loss against my name. I don't know who told them but someone did.
The fact I now have to declare this loss probably for the next 5 years makes me even more determined to get my £550 back. I do have pictures and did submit them but so far it hasn't helped.
My last letter was to Zurich asking them who I would serve a small claims summons against.
Hope this makes sense.
Any help?

 

Is T.C. a forum member?

 

I managed to get £350 out of them for my daughters car.
The pot hole was 700mm long, 440 wide and 170mm deep, believe it or not.
The reason she didn`t see it was because it was raining heavily so the hole was full of water so impossible to see plus it was at night.
Ripped the tyre to pieces, a large dent in the rim and damaged the suspension.
To the councils credit it was settled within 8 weeks with no arguments from them..

 

From what I've read on the matter it's more a case of if the council have been notified officially (Writing/Email etc) of a dangerous Pothole which has 'appeared' and they don't repair it in 'their' stipulated timescale and then you subsequently damage a wheel etc the you have a pretty cut & dried case.

Problem is

1) who bothers to notify the council of these things unless they have already suffered damage?
2) If you or a third party notifies them how do you prove it?


Seems a soft get out clause to me.

They're paid good money to inspect all their roads so unless they can prove it's appeared within the last few weeks it should be an easy process but as in all things 'liability' it aint!

 

This time of the year people who only ride in the ' good ' weather come out on their bikes, so you would have thought the council thought this and would send people around to inspect the roads for pot holes.

If you spot any just send a email and letter to the council.

 

I reported the state of an unlit road by me two years ago, I gave them the exact locations of all the holes and where the road huge cracks had appeared which you can do on our council web site and informed them that a rider of a motorcycle that uses the road everyday I considered it extremely dangerous as the only way to avoid them would be to ride either on or beyond the white line, that I taken dated photographs and that, should I have an accident caused by the state of the road I would hold them responsible. I got an email back within a few days to say they would investigate, then another a few weeks later to say thank you for taking the trouble to inform them and that action was in progress, then a few weeks later all the holes and cracks I had mentioned plus many more on the road had been fixed, not just filled or surface dressed, completely resurfaced.
Other sections of the road are now just as bad now and when I get time I will repeat the process.
I think that if they are made aware of the situation they are duty bound to investigate. Try your local council web site and see if you have the same reporting options.

 

I made a claim to the east herts council for damage to a wheel rim on my car a couple of years ago, just wrote a letter with pictures of the pothole, and the bill for repair. It took a few reminders but they paid out. You just need to persist.

 

Sent an email a couple of months back reporting 3 potholes on the same road within metres of each other.I got an email back saying they have passed the information onto the highways agency.The potholes were done the very next day.I was gobsmacked and mailed them back saying thankyou.The reply was thank you again for letting us know that the said potholes have been dealt with.As a responsible local council we rely on good motorists and motorcyclists that see these hazards before its too late and causes damage.Does that mean I get a rebate off my £465 a year road tax?

 

SIDEWAYS and Freedom of Choice - that is what's known as doing their job for them.
I know someone has to but it isn't right is it?
They have a duty of care to all highway users and in my case they failed miserably, but won't own up and pay up. Sherkers the lot of them.

 

I am very much in favour of this type of public service act.

 

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