Left untreated, its "an act of god". Treated and someone falls, then you're incompetent.

And despite Dot blaming it on the crazy PC britain we live in, or even the Labour government...... I think its more to do with the "no win no fee" attitude "we" now have.

This isnt a pop at you Ashers.... but this thread totally typifies attitudes in modern day britain;
I tripped and scratched my knee - sue someone.
A milk float rolled into me "I've got whiplash"
I drove down a pot hole and my rusted 18 year old exhaust fell off

True Zimm, there's a total blame culture.

If I did clear the snow outside and someone slipped I'd just think what a numpty.

When I walk out in the snow/ice I walk slowly with both hands free ready to break my fall when I do hit the deck ( haven't hit the deck yet )

I saw some numpty strutting in town the other day hands in pockets - needless to say he hit the deck - and I pissed myself

it was his fault for not being ready for it, he'll probably sue the council and my council tax will go up again

I was going to throw a load of grit about down my road - but why bother, I don't have 20K spare for when I get sued for trying to help my neighbours

I used to do Internal Audits within the Council and the Insurance Section was part of my remit. To put it simply the Council will always deny liability and the onus is on you to prove their negligence. If no one had reported the pot hole at least one week prior to your accident then they will claim that having no knowledge of it they couldn't possibly repair it. My advice is never accept their first decision in the matter and always appeal it. I noticed that 90% of claimants accepted the Councils denial of liability and gave up their claim, which is very pleasing for the Council. The one thing they don't want however is a long drawn out claim costing lot's of man hours so they sometimes settle if you appeal and can produce photo's or witness statements.

Just a thought - there's someone throwing grit on the road now - does it have to be on private land for me to sue them

Was just about to post something similar. It has to be a previously reported pot hole. My boss suffered a blow out and wrecked wheel, but it was a previously unknown hole, so he had no grounds.

Now that you have reported it Ashers the next car to hit it if it hasn't been repaired within "a reasonable time scale" will have a legitimate claim. So you have at least done some good.

Should have got a friend to report it then you could have called in 2 days later and pretend it had just happened

That reminds me of something that happened about 20 years ago. I had found a set of keys and was handing them into the Lost Property Office. In front of me was a Lady who had found £150 in notes wrapped in an elastic band and the man behind the counter asked for all of the details, ie, where she had found it, time, etc, etc.

After I handed in the keys I called in at my Local and told my mate about what had happened and before I knew it he was hot footing it round to the office to claim the cash using the information I had given him. He never gave me a cut by the way, not that I would have taken it anyway.

But all entrances and exits MUST be clear of snow and ice. Fire safety regulations i'm afraid - it's the law.

In Germany if you DON'T clear the pavement in front of your house or business of snow and ice and someone slips then they can claim against you. If they introduced that here there would be fewer pavements covered in snow and life would be so much easier, but no, here people sit on their asses looking out the window waiting for someone from the Council to do it for them.

If this ever happens to you again Ashers, or anyone else who's car is damaged by a Pot-hoe, here is the key to making a successful claim.

1. Make sure you gather evidence soon after you hit it. Take pictures and measure length and depth of the hole.

2. Report the pot-hole to the Council and submit a Freedom of Information Act request to the Council to find out how often the road is inspected.

3. Download the National Code of Good Practice for Highway Maintenance. If the Council has stuck to the Code you will struggle, but if there are discrepancies make your claim.

4. If you're offered a settlement be willing to negotiate.

You should get one of these Tax Disc Holders Ashers.

Your taxdisc is out of date Pa, Shame on you

Is there a clean version of this? I'd love to send to to Essex CC Chief Exec with my request (as recommended by Info Commisar) for an internal review of the council's lack of responses and blocking tactics to follow up FOI requests; needed due to their refusal to pay up for pothole damage. I am looking to establish precedent to prepare a court claim.

Imagine a narrow busy country road which is an M25 feeder. It's at the bottom of a steep hill, there has been a leaky water main for months causing a constant flow of water. My wife drives through a puddle caused by the water problem. Bang the puddle masks a massive pothole: puncture with burst sidewall, alloy damaged beyond repair, bent track rod.

When I get the initial FOI response, the pothole was repaired 3 weeks before and botched, then 10 days before and botched.

Thanks Stuboy. Coincidentally the council belatedly complied with my FOI request today and I have an inch thick stack of previous settled cases to wade through.

This brings backs memories.

And I still have not got the exhaust fixed. Had it welded and is currently holding.