This is how to win a pothole claim with Edinburgh City Council.
I collided with some loose tarmac from a badly repaired pothole on my scooter in Edinburgh.
This happened on a bus lane and busy main road on the outskirts of Edinburgh towards the airport. Motorcyclists are allowed to use bus lanes, although it’s risky with cars shooting over them in to side streets, etc.
I was lucky to have held it together without being thrown off my scooter. A less experienced rider would have faired much worse.
The timeline to getting this resolved was;
- Claim submitted to Edinburgh Council on 26th February 2017
- Acknowledged by the Council on 23rd March 2017 and sent to their Claims Handlers
- Claims Handler confirmed receipt on 28th March 2017
- Settled on 4th April 2017
It was clear to me that the Claims Handlers were going to hedge their bets on my claim. This was evidenced by this paragraph;
“If we consider that an offer of compensation should be made we can take into account the value of the damaged items rather than the full replacement cost. If you are insured for this loss you should contact your own insurers for advice. Their claims process is usually quicker because you do not have to establish legal liability and most insurance policies cover full replacement of damaged items.”
My robust response below achieved a full and final settlement within 2 working days. I also put a link to my website to focus their minds.
Thank you for your e-mail.
I wish to note that Edinburgh Council promptly ‘repaired’ (I use that word loosely) the pothole the day after they received my compensation claim, which speaks for itself and they certainly didn’t act on it after I spoke to them to report it. They simply sent someone to clear up the loose tarmac that had been thrown out of the pothole that was not repaired properly and resulted in my accident.
You are probably aware that a main road like this should be inspected every 4 weeks and I know that a Freedom of Information (‘FoI’) request would reveal reports that would ascertain whether Edinburgh Council has done this. I have seen better maintained farm tracks than some of the roads around Edinburgh and riding a scooter is a high risk occupation at the best of times without having to look out for loose boulders from potholes on busy main roads.
I would hope that fairness and justice will prevail for the sake of a £85 claim and that I will be fully reimbursed and avoid the need to contest it and incur time, costs and administration at your end that will far outweigh what I have had to pay to repair my scooter.
I look forward to hearing from you in due course.
RETROSPECTIVE POTHOLE CLAIMS
Knowing how to claim for pothole damage to your car is becoming increasingly difficult due to claims handlers acting in cahoots with Councils to decline legitimate pothole claims.
You can backdate pothole claims for up to 6 years in England and Wales and 5 years in Scotland via the Small Claims Court.
FREEDOM OF INFORMATION REQUESTS
I submitted a Freedom of Information Request to Edinburgh City Council asking how much was spent each year on pothole repairs which led to me being featured in the Edinburgh Evening News, the Southern Reporter in the Scottish Borders, the Dunfermline Press and the Sunday Post.
Councils are cutting pay-outs in the face of soaring successful claims being made. You only have a 2% chance of winning a pothole claim against Gloucestershire County Council. This is completely unacceptable. It’s time for you to fight back.
What are your thoughts on the state of the roads around the UK? Have you being able to win a pothole claim?