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Glasgow Live
Glasgow Live
National
Fahad Tariq

Here's how Glasgow drivers can claim compensation if pothole damages car

Data has revealed that the amount of pothole claims has increased by 34 per cent since 2016 and it's no surprise given the sorry state some of the roads in Glasgow are in.

Glasgow Live has heard from numerous motorists who have complained about the city being riddled with potholes forcing them to fork out on getting their vehicles repaired - but it's not only motorists affected by them.

Mum Liane Carberry was cycling home from work when she stumbled across a pothole on Bridge Street last March and went flying onto the road after her bike got stuck - leading to painful injuries and months of physiotherapy.

READ MORE: North Glasgow on agenda for more cycle paths as area lacks active travel routes

She's one of many angry Glaswegians who are fed up with the vast amount of potholes in the city.

Car insurance firm Admiral released data which revealed that more than a third of pothole related claims occur between January and March across Britain – which is more than any other time of the year.

According to their data, the average cost of pothole damage has also increased by 16 per cent. It's likely linked to higher tech vehicles and a general increase in the cost of repairs.

Admiral has shared advice on how to try and claim for costly pothole damage from those responsible for the upkeep of the roads, including Glasgow City Council.

Lorna Connelly, Head of Claims at Admiral, said: "Anyone who drives will be familiar with that sudden ‘clunk’ from roads that are plagued with potholes. But potholes are more than just an inconvenience, they can also cause costly damage to your vehicle.

One of many potholes on Nitshill Road. (Supplied)

"Pothole related claims are 43 per cent higher in these months (Jan-March) than average, as road surfaces become unsettled by colder temperatures.

“Pothole pockets can quickly open up, especially if the weather has been bad, which means they might not have been there the last time you took that route.

"Keep a sharp eye and slow down – swerving can be more dangerous! If you think you’ve hit a hum-dinger, get out and check for damage at the safest opportunity.

“It’s great that there is funding committed to fixing Britain’s potholes – we know what a huge nuisance they are for our customers. However, keeping on top of them is a challenge for local authorities so it’s always best stay alert and keep a lookout for any potholes that might have popped up.”

How to claim compensation for pothole damage?

Although there is no guarantee that you'll be able to claim any money back if your car is damaged on a British road, Admiral has created a step-by-step guide explaining how to claim compensation for pothole damage:

  1. Collect your evidence: Make a note of the pothole’s location, the time and date you hit it and get a photo, if it’s safe to do so. Then take your car to a garage for the damage to be assessed and get the mechanic’s report in writing; you’ll need this when making your case. Remember, your case rests on the evidence you collect from the person you’re making a claim from so collect as much information as possible
  2. Who’s responsible? The next step is to work out who maintains the road; different authorities are responsible for maintaining certain types of roads. If you believe the council is responsible, you’ll need to prove they’ve been negligent which is difficult. Asking for copies of highway maintenance schedules and reports of incidents (within 14 days of the accident) will help to demonstrate that either the highway hasn’t been properly maintained or that a reported pothole problem hasn’t been addressed. It’s important to have the evidence which shows if the council had acted, the incident wouldn’t have occurred.
  3. Reporting it: Now you know who’s in charge you’ll need to lodge a formal claim – see if the relevant body has a template you can fill in. Include as much information as possible, including the mechanic’s report and repair costs and any photos you’ve taken.
  4. Got an offer? Is the council’s offer acceptable, does it cover your costs? If not, go back to the council. You have a right to fair compensation if the council or Highways Agency has failed in its duty to keep the road in a fair state of repair. You also stand a better chance of settlement if the pothole has already been reported and the council hasn’t acted.
  5. Offer rejected? If you feel your claim has been unfairly rejected, you can seek legal advice or make a case through the courts. However, this could be a time-consuming process and is likely to be worthwhile only if the repair bill is considerable.
  6. Claiming through insurance: if you have comprehensive cover you can claim for pothole damage on your insurance however it’s worth considering the cost of the damage as well as your excess payments and if the claim will affect your No Claims Bonus.

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