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Experiences with small claims for Pothole damage

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Hello all,

I was just wondering if anyone has had any experience taking out 'small claims' type civil claims in regards to pothole damage to their vehicles.

Long story short, I work on an industrial estate where the access roads, whilst publicly accessible are not adopted by the local authority. The roads are not well maintained at all and for the second time in just over a year I have struck a pothole which has caused instantaneous deflation of the tyre and damage to the alloy wheel, which has buckled. The buckle is on the outer edge of the wheel and cannot be repaired.

I don't particularly want to make an insurance claim through my insurer given the implications of that and to keep costs down I am on sourcing a second hand wheel to mount the new tyre to.

However, I cant help but feel a bit aggrieved by all the hassle and outlay on this. I am aware that other vehicles have suffered similar damage on the same pothole in the days after my incident, and it has now been filled in which to me is confirmation that the road surface was defective. I have the incident where the damage was caused to my vehicle on dashcam as well as 'daytime' dashcam from the next morning showing the pothole more clearly.

I have attempted twice to contact the property management company who are responsible for the site in writing, however had received no response almost a week on.

Out of frustration, a bit of google has led me to the HM Courts and Tribunals 'Money Claim' which seems to deal with such 'small claims'. I've been through the online eligibility tool and this seems to suggest that the circumstances seem to fit their service, however I just wondered if anyone on here had had any experience with it and could advise if its worthwhile?

Thanks in advance,

Cheers

  • 1 month later...

Is it a private road? That might make things complicated.

i.e. did you have to go down that road, is there an expectation you might have encountered pot holes on the road?
Did your employer force you to go down that road?

You need to establish who is the culpable party, and then you need to establish negligence.
You would also need evidence such as detailed photographs of the hole wth some form of measurement (CDs used to be a good reference point).

I suspect you are facing an uphill challenge however...... small claims (or simple process) is low to no risk to you. You will have to pay a small amount in line with your claim but no risk of being hit with expenses if you loose.
If they don;t show up you win by default but then you have to get your money. Just because you win doesn't mean they will pay.

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