DRIVERS have been urged to take advantage of three steps to force their local councils to pay for pothole-related car damage.
Motors expert Dean Dunham revealed how you can claim back repair costs as long as you know the law.
Ray CollinsA motors expert has revealed how you can make your council pay for the damage caused to your motor by potholes[/caption]
Writing for This is Money, Dean replied to an email sent in by a driver named as JP, who damaged his alloy wheel after hitting a pothole.
JP claimed that his council had told him that he had the legal right to make a claim, but that it was unlikely to be paid out.
Dean responded: “Local authorities do not like pothole claims and, as such, they often deny liability and reject them.
“For this reason, it is important to know what your rights are and the law that underpins them before making a claim.”
The driving whizz explained that the issue is largely covered by the 1980 Highways Act, which gives road owners (in this case either the council or highways agency) a “duty of care” to road users.
This is a legal responsibility to make sure that the roads are “safe and passable” without the risk of injury to anyone on them.
However, the Act only requires that officials take reasonable steps to identify and resolve issues.
This means that claims are often contested on the basis that the council followed its own road inspection procedure, especially if they can prove that the pothole that damaged your car had not been reported to them.
That being said if you can prove it was reported to them or that they did not properly apply their policies, your claim has a much greater chance.
Dean advised drivers to make use of their rights under the 2000 Freedom of Information Act and 2004 Environmental Information Regulations, which outline procedures to access information held by councils.
He added: “When you make your claim, you will need to send photographs of the pothole (showing the location on the road and the width and depth of the pothole) and the damage to your vehicle; and a quote to show the cost of repair.
“You must also provide details of the date and time of the incident.
“Ultimately, you will need to state that after doing your research you have clearly concluded that the authority has no defence… as it has failed to properly maintain the road in question.”
The ability to claim back damage costs is particularly important these days, given that, back in July, pothole-related breakdowns jumped to a five-year high.
And a report from the Asphalt Industry Alliance found that half of the UK’s roads are crumbling, while repair delays are at record levels.
Earlier this year, we revealed the areas of the country worst affected by the crisis, with some councils taking over 18 months to fill the craters.
The Local Government Authority, which represents councils in England and Wales, has been contacted for comment.
It comes after new data revealed a shocking rise in fuel theft from petrol stations, prompting an urgent warning to Brits.
Meanwhile, parents could save thousands on car insurance using an easy Martin Lewis trick.