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Potholes in the road

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Potholes in the road « on: February 05, 2011, 01:02 PM »
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I wonder if anybody reading this can answer my query with a degree of authority.  My son's tyre and wheel rim were ruined 4 weeks ago in a pothole.  The local council swiftly replied to say that the local water board was involved.  They too replied to say an investigation would be made.  Now a letter arrives from the contractor the water board used, naming the sub contractor.  Investigations still going on.  However, does anybody know who is ultimately responsible.  I think it is the water board that needs to reimburse my son.  The water board in turn needs to look to the contractor to compensate them and I don't think the contractor is "allowed" to implicate a sub-contractor.  I've tried to find the answer on line, but I'm not having much luck.  Next stop would be to ask the AA on Monday or Citizens advice.  The thought that my son could lose out to the tune of nearly £500 is stressing me out.  If the worse comes to it, he could involve his insurance company or a solicitor.  Any help would be much appreciated.
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Caz
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Re: Potholes in the road « Reply #1 on: February 05, 2011, 01:46 PM »
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I don't know...but, if I were you, I'd try telling the council that they should reimburse your son. After all, they were the ones who commissioned the work in the first place, so it's their responsibility! Let them fight for their money back! It may be worth a try unless someone who knows can give you advice!
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Re: Potholes in the road « Reply #2 on: February 05, 2011, 02:06 PM »
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The council obviously gave permission for the water board to carry out a repair to a water problem in the road.  In the council's letter to us they said the water board “carried out essential emergency maintenance prior to the incident.  It is the statutory undertaker’s responsibility to complete the work to a satisfactory and safe standard”.  So is the undertaker the water board or the contractor they gave the work to?  I feel we are being passed around like a parcel at a children's birthday party.  They probably all hope we will get fed up and go away.  I don't give up, ever, but some concrete advice would be much appreciated from anybody out there reading this.
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Caz
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Re: Potholes in the road « Reply #3 on: February 05, 2011, 02:08 PM »
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Forget council, try waterboard.....you've got nothing to lose!
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Caz
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Re: Potholes in the road « Reply #4 on: February 05, 2011, 02:11 PM »
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We seem to have a really diverse group of people on this site. Wouldn't surprise me at all if there's a lawyer out there....Good luck!
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eira_arian
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Re: Potholes in the road « Reply #5 on: February 05, 2011, 07:15 PM »
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I think you'll be lucky to be reimbursed due to the rules of pure economic loss in the tort of negligence (basic law --> recoveey in this situation probably relies on you claiming that the water board was negligent - i.e. They didn't repair the road to a suitable standard, this caused damage when the car drove into the pothole and financial loss was incurred. However, legal precedent sets out that it is pretty near impossible to recover a loss where it is purely financial - as it is here). This is only my rough and simplistic interpretation and there may be other views which stray beyond (a) that area of law and (b) a purely legal interpretation so I'd keep at it. Best thing to do is get onto the waterboard asap and don't accept no for an answer. If the water board subcontracted to someone else I would imagine that they are still responsible and it will be up to them to recover any money they pay to you from the contractor. Will have a bit of a scan of the Internet and see what comes up.
[ Last edit by eira_arian February 05, 2011, 07:33 PM ] IP Logged
Tommy
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Re: Potholes in the road « Reply #6 on: February 05, 2011, 07:17 PM »
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OMFG!!!! So many pot holes in New York! Thank you snow! its horrible....i am blessed I have not gotten a flat yet...
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eira_arian
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Re: Potholes in the road « Reply #7 on: February 05, 2011, 07:18 PM »
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Also atrocious in Cardiff though Barbados is in a whole league of its own!
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Daisy
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Re: Potholes in the road « Reply #8 on: February 05, 2011, 07:22 PM »
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OMFG!!!! So many pot holes in New York! Thank you snow! its horrible....i am blessed I have not gotten a flat yet...

Flat as in "tire" rather than flat as in apartment ... you've just got to get this "English" sorted out ...  Think lol
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eira_arian
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Re: Potholes in the road « Reply #9 on: February 05, 2011, 07:28 PM »
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I think there I'd some good advice on the Internet - google "suing council pothole damage" and have a scroll through some of the advice forums Smile
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Tommy
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Re: Potholes in the road « Reply #10 on: February 05, 2011, 07:30 PM »
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Blah blah blah Daisy.
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Daisy
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Re: Potholes in the road « Reply #11 on: February 05, 2011, 07:30 PM »
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 whip
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Re: Potholes in the road « Reply #12 on: February 05, 2011, 07:36 PM »
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Scenario is.   Dudley Council.  South Staffordshire Water. 10.10 pm Monday evening, non main road.  2' x 2' neatly cut out square 'hole' in road prepared before 10.10 pm after emergency work carried out by Water Board's contractor.  No yellow type marking on road or warning signs.  By the time my son stopped, walked back to hole, took photos, returned to car and changed tyre, workmen were there filling in hole at 10.50 pm.
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Daisy
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Re: Potholes in the road « Reply #13 on: February 05, 2011, 07:38 PM »
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Hmmm ... potholes.  The country roads up here are in such a poor state of repair, it is frightening.  In particular is one of the roads that links the A90 with the A92 - when I use that road I drive on the right to avoid the MASSIVE potholes which are on the curves on the left.  They really keep the road well gritted and salted during the bad weather, but the price is endless potholes.
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eira_arian
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Re: Potholes in the road « Reply #14 on: February 05, 2011, 07:40 PM »
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Oh ok, yeah that's pretty bad. Go after whoever you can, though I would suggest the waterboard as they were the authority carrying out the works.
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