THE POTHOLE LETTER
07-02-2005, 07:59 PM
#1
Professional Waffler
Thread Starter
THE POTHOLE LETTER
This is a draught copy to assist in claiming for damage sustained to cars through potholes. I did not write it but I can't remember who I got it from to give them the acknowledgment it warrants.
Dear Sirs,
Re: *accidenet site inc name of road, nearest landmark, lampost etc*
I write to you regarding my claim for damage to my vehicle in connection with an accident which occured at approximately *time* on the *date* at *road name, town etc*.
The circumstances of the accident are that I was proceeding correctly along *road* in the direction of *road* when my *n/s/f etc* entered a depression in the road due to a large pothole situated in the carriageway. I enclose copies of photographs to assist you in identifying the accident location.
The reason why I am alleging fault is that you, your servants or agents;
1. Caused, permitted or suffered the existance or continuance of the said pothole lying on the said highway.
2. Failed adequately or at all in time or at all untill after the accident to cause or require or otherwise ensure said pothole was filled in.
3. Failed to resurface said highway.
4. Failed by means of signs or notices, conspicuously to mark the presence and position of the said pothole.
5. Failed by means of bollards or barriers or rope or tape or otherwise howsoever to obviate or minimise the risk of vehicles decending into or passing in the vicinity of said pothole.
6. Failed to cover the said pothole with boards or plates, so as to present a flat even and safe surface to vehicles.
7. Caused, permitted or suffered the said highway to come or to remain dangerous.
8. Permitted or suffered the use of the said highway by vehicles when it was unsafe to do so.
9. Exposed myself and my vehicle to a danger, trap or a forseeable risk of damage.
10. Failed to maintain the said highway, contrary to Section 41 of the Highways Act 1980 or at all.
A description of my vehicles damage is as follows :-
*list everything down to the last nut*
As a result I have outlayed the following :-
*again list everything*
I therefore look forward to receiving an acknowledgement of this letter and a response by yourselves or your insurers within the next 21 days.
Yours Faithfully
Send the letter recorded so the buggers have to sign for it
Dear Sirs,
Re: *accidenet site inc name of road, nearest landmark, lampost etc*
I write to you regarding my claim for damage to my vehicle in connection with an accident which occured at approximately *time* on the *date* at *road name, town etc*.
The circumstances of the accident are that I was proceeding correctly along *road* in the direction of *road* when my *n/s/f etc* entered a depression in the road due to a large pothole situated in the carriageway. I enclose copies of photographs to assist you in identifying the accident location.
The reason why I am alleging fault is that you, your servants or agents;
1. Caused, permitted or suffered the existance or continuance of the said pothole lying on the said highway.
2. Failed adequately or at all in time or at all untill after the accident to cause or require or otherwise ensure said pothole was filled in.
3. Failed to resurface said highway.
4. Failed by means of signs or notices, conspicuously to mark the presence and position of the said pothole.
5. Failed by means of bollards or barriers or rope or tape or otherwise howsoever to obviate or minimise the risk of vehicles decending into or passing in the vicinity of said pothole.
6. Failed to cover the said pothole with boards or plates, so as to present a flat even and safe surface to vehicles.
7. Caused, permitted or suffered the said highway to come or to remain dangerous.
8. Permitted or suffered the use of the said highway by vehicles when it was unsafe to do so.
9. Exposed myself and my vehicle to a danger, trap or a forseeable risk of damage.
10. Failed to maintain the said highway, contrary to Section 41 of the Highways Act 1980 or at all.
A description of my vehicles damage is as follows :-
*list everything down to the last nut*
As a result I have outlayed the following :-
*again list everything*
I therefore look forward to receiving an acknowledgement of this letter and a response by yourselves or your insurers within the next 21 days.
Yours Faithfully
Send the letter recorded so the buggers have to sign for it
07-02-2005, 08:08 PM
#2
I've found that life I needed.. It's HERE!!
I'd be car fell about whatever you do
This is a ACTUAL story from quite a good mate.
He hit a large hole in the road, split his front left rim and tyre went flat, he tried to claim for damage, wrote a letter like ur above one, sent it off.
2 weeks later he had a court summons, he was being taken to court driving without due care and attention
Basically they said if the hole was so big he did not see it then it could have been a child etc etc and he could have killed someone
3points and a fine + court fee's, the 3 points pushed him over the 6 point limit in his 1st 2 years driving and he lost his leicence
This is a ACTUAL story from quite a good mate.
He hit a large hole in the road, split his front left rim and tyre went flat, he tried to claim for damage, wrote a letter like ur above one, sent it off.
2 weeks later he had a court summons, he was being taken to court driving without due care and attention
Basically they said if the hole was so big he did not see it then it could have been a child etc etc and he could have killed someone
3points and a fine + court fee's, the 3 points pushed him over the 6 point limit in his 1st 2 years driving and he lost his leicence
07-02-2005, 08:13 PM
#4
Originally Posted by roybacer
I'd be car fell about whatever you do
This is a ACTUAL story from quite a good mate.
He hit a large hole in the road, split his front left rim and tyre went flat, he tried to claim for damage, wrote a letter like ur above one, sent it off.
2 weeks later he had a court summons, he was being taken to court driving without due care and attention
Basically they said if the hole was so big he did not see it then it could have been a child etc etc and he could have killed someone
3points and a fine + court fee's, the 3 points pushed him over the 6 point limit in his 1st 2 years driving and he lost his leicence
This is a ACTUAL story from quite a good mate.
He hit a large hole in the road, split his front left rim and tyre went flat, he tried to claim for damage, wrote a letter like ur above one, sent it off.
2 weeks later he had a court summons, he was being taken to court driving without due care and attention
Basically they said if the hole was so big he did not see it then it could have been a child etc etc and he could have killed someone
3points and a fine + court fee's, the 3 points pushed him over the 6 point limit in his 1st 2 years driving and he lost his leicence
Thats just fooking stoopid!!
07-02-2005, 08:17 PM
#5
Professional Waffler
Thread Starter
That should not have happened at all and I'm wondering as to the circumstances involved. They would have to prove he was driving without due care and attention and I can't see how the council would/could have swung it.
I actually work for a consultancy that deals with Hertfordshires roads so I will ask some questions when I get in to work in the morning at the relevant dept.
Does this mean that as my mum fell over before Christmas and broke her arm and nose on the path that the council could sue her for defacing the path with her blood?
I actually work for a consultancy that deals with Hertfordshires roads so I will ask some questions when I get in to work in the morning at the relevant dept.
Does this mean that as my mum fell over before Christmas and broke her arm and nose on the path that the council could sue her for defacing the path with her blood?
07-02-2005, 08:27 PM
#7
I've found that life I needed.. It's HERE!!
I'll try and get him to scan some of his soliciter letters, one he showed me explained it all.
There was no other reason for the driving without due care and attention though, just hitting the hole.
I'll get pic's of the hole he hit though, as it was rather large
There was no other reason for the driving without due care and attention though, just hitting the hole.
I'll get pic's of the hole he hit though, as it was rather large
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07-02-2005, 08:31 PM
#9
Professional Waffler
Thread Starter
Originally Posted by roybacer
I'll try and get him to scan some of his soliciter letters, one he showed me explained it all.
There was no other reason for the driving without due care and attention though, just hitting the hole.
I'll get pic's of the hole he hit though, as it was rather large
There was no other reason for the driving without due care and attention though, just hitting the hole.
I'll get pic's of the hole he hit though, as it was rather large
Especially if it was dark at the time as the headlamps will not give a clear indication as to the depth of any road imperfections.
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