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Hi there,
First of all, I'm not quite sure where this thread should go, as there doesn't seem to be a best fit category for it on Legal Beagles; so apologies in advance if this is in the wrong place.
In March of this year, my car hit an absolutely massive 10 inch deep pothole, which shattered a piece of my front bumper, and caused the car to need a new steering alignment. I reported the incident to the council, and claimed £650 for the repair after getting 3 quotes from nearby garages.
The council's insurers have today come back with the following response to my claim:
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We write in reference to your claim and confirm receipt of the report from City of Edinburgh Council Financial Services.
We will offer compensation only if you can show the Council legally has to. You must prove that the Council was at fault. This usually means that you need to show the Council did not take reasonable care, broke a contract, or did not follow a written law. The Council must maintain certain roads and pavements. However, you are not likely to prove liability if they operate a reasonable inspection system to identify defects. We must advise you that our client has in operation a regular system of inspection of highways in their area, with the area of your incident being subject to annual inspection.
At the last safety inspection before this incident, carried out on 23 August 2023 no defects were noted at that occasion from which it appears that it was not a problem at that stage. It seems likely, therefore, that the defect arose in the intervening period. Since then, the council were first made aware of this defect on the 18 March 2024 and a repair ticket was raised and this area was fixed on 26 March 2024.
Therefore, we consider that our client has not been in breach of their statutory duties and moreover that they have taken reasonable care in the circumstances to ensure the safety of the highway. Whilst we have every sympathy with you, we regret we are unable to offer any compensation on this occasion.
However, if you still wish to pursue your claim, going forward, we advise you of your rights to seek independent legal advice on your case, if you wish to do so. This can be obtained free from the Citizens Advice Bureau. Ultimately you can pursue your claim through the small claims court for a Judge to review and give a final verdict. If you choose to take the matter through the small claims court, please issue proceedings against our client and serve them on our client direct.
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If the last inspection was the 23rd of August 2023, this would mean a gap of 18 months between inspections. That to me would seem like quite a long time.
Can anyone help with the wording of a response which might help me to claim for the £650 I need to reimburse my repairs?
Thanks!
First of all, I'm not quite sure where this thread should go, as there doesn't seem to be a best fit category for it on Legal Beagles; so apologies in advance if this is in the wrong place.
In March of this year, my car hit an absolutely massive 10 inch deep pothole, which shattered a piece of my front bumper, and caused the car to need a new steering alignment. I reported the incident to the council, and claimed £650 for the repair after getting 3 quotes from nearby garages.
The council's insurers have today come back with the following response to my claim:
-----
We write in reference to your claim and confirm receipt of the report from City of Edinburgh Council Financial Services.
We will offer compensation only if you can show the Council legally has to. You must prove that the Council was at fault. This usually means that you need to show the Council did not take reasonable care, broke a contract, or did not follow a written law. The Council must maintain certain roads and pavements. However, you are not likely to prove liability if they operate a reasonable inspection system to identify defects. We must advise you that our client has in operation a regular system of inspection of highways in their area, with the area of your incident being subject to annual inspection.
At the last safety inspection before this incident, carried out on 23 August 2023 no defects were noted at that occasion from which it appears that it was not a problem at that stage. It seems likely, therefore, that the defect arose in the intervening period. Since then, the council were first made aware of this defect on the 18 March 2024 and a repair ticket was raised and this area was fixed on 26 March 2024.
Therefore, we consider that our client has not been in breach of their statutory duties and moreover that they have taken reasonable care in the circumstances to ensure the safety of the highway. Whilst we have every sympathy with you, we regret we are unable to offer any compensation on this occasion.
However, if you still wish to pursue your claim, going forward, we advise you of your rights to seek independent legal advice on your case, if you wish to do so. This can be obtained free from the Citizens Advice Bureau. Ultimately you can pursue your claim through the small claims court for a Judge to review and give a final verdict. If you choose to take the matter through the small claims court, please issue proceedings against our client and serve them on our client direct.
-----
If the last inspection was the 23rd of August 2023, this would mean a gap of 18 months between inspections. That to me would seem like quite a long time.
Can anyone help with the wording of a response which might help me to claim for the £650 I need to reimburse my repairs?
Thanks!
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