The state of Britain’s roads is deteriorating and increasing numbers of vehicles are suffering damage from hitting potholes, according to a new report.
The latest annual road survey published by the Asphalt Industry Alliance (AIA) shows that the national pothole crisis is worsening. The AIA says there are now more than 2 million potholes in England and Wales, up 18 per cent from 1.7 million last year. Meanwhile, £32 million has been paid out in compensation to motorists in the past 12 months, an annual increase of more than 50 per cent.
Putting an end to 'patch and mend'
It costs on average £53 to fill a pothole, and last year the bill for repairing roads came to £117 million, the report shows. The AIA says that the statistics show that the current "patch and mend" system just isn’t working. Instead, the organisation is calling for action from central government to introduce longer-term funding, allowing councils to introduce preventative maintenance systems. But until a system is devised to reduce the number of potholes, more and more of our vehicles will be damaged by unrepaired roads.
Claiming compensation
So if you are affected, how do you go about claiming compensation? First, you'll need to contact the body responsible for the road – in the case of motorways and major A roads, that will be the Highways Agency, and for other roads it's normally the local council. The website www.potholes.co.uk is a very useful resource for taking you through the claims process and offers advice and success stories.
Gather vital evidence
It's important to gather as much information as you can from the scene of the incident. So when you're aware your vehicle has been damaged, pull over if safe and make a note of the date, time and location of the accident. Take photographs both of the pothole and your vehicle, ask for the details of any witnesses, and make a note of any CCTV cameras. If you can't do this at the time then return as soon as possible afterwards.
Beat the council’s defence
Many councils and highways agencies will try to get out of making payouts by citing Section 58 of the Highways Act 1980. This counters claims on the basis that they have taken reasonable measures to ensure that road problems such as potholes are found and dealt with swiftly. However, under The Freedom of Information Act you have the right to ask the council when a road was last inspected or had work carried out.
It's free and relatively simple to put forward this Freedom of Information request and the council is legally required to provide these details within 20 working days. Comparing this with the national code of good practice for highway maintenance and showing that the local authority has fallen short will counter its defence.
Car insurance
If you've got fully comprehensive car insurance, it's possible to claim against that for pothole damage to your vehicle. However, this will count as an at-fault claim and affect your no-claims bonus. So it's worth calculating the benefit of having the car repaired relatively promptly against the longer-term effect on your premiums.
'Ongoing problem'
With underfunding of road maintenance an ongoing issue, the pothole problem isn't going to go away overnight. However, in the meantime it's worth reporting potholes you see to the relevant authorities. Many of them do want to fix potholes as soon as possible and welcome the public's help in spotting them.
You can report them via your local council or Highways Agency, or through Potholes.co.uk.
The website www.fillthathole.org.uk is linked with CTC, the national cycling charity, but can be used by motorists as well. It passes complaints on to the relevant authority, and if you have an iPhone you can download the FillThatHole app and report potholes from the kerbside.
Source: Confused.com
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