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i posted a claim with the council because of damage caused to my car, filling in their forms, enclosing photos etc and as expected it was put in the hands of their insurers and they turned down my claim saying that the council had in place an inspection routine and it wasn't the fabric of the road that did the damage. i replied asking for evidence of the inspection and they sent me back copies of the dates and roads inspected. it would appear that they checked the road 17 days before the incident and the result of the inspection said... 'work required'. if this was the case are'nt they liable for not having the work done? Also the road wasn't repaired until nearly a month after i reported the incident. so from the time of the inspection 'til the repairs it was a period of about 45 days. on the street inspection report it had 2 sections, c/way (w/required) and f/way (w/required). does this not prove that i have a valid case against the council. thanks for reading and i hope someone knows the answer
i posted a claim with the council because of damage caused to my car, filling in their forms, enclosing photos etc and as expected it was put in the hands of their insurers and they turned down my claim saying that the council had in place an inspection routine and it wasn't the fabric of the road that did the damage. i replied asking for evidence of the inspection and they sent me back copies of the dates and roads inspected. it would appear that they checked the road 17 days before the incident and the result of the inspection said... 'work required'. if this was the case are'nt they liable for not having the work done? Also the road wasn't repaired until nearly a month after i reported the incident. so from the time of the inspection 'til the repairs it was a period of about 45 days. on the street inspection report it had 2 sections, c/way (w/required) and f/way (w/required). does this not prove that i have a valid case against the council. thanks for reading and i hope someone knows the answer
Whilst I am not passing judgement on your particular claim, because councils have been inundated with these sort of claims over recent years, virtually all have robust processes in place to stop them. The principle followed (which I gather has been tested in the courts) is provided they have an effective inspection regime in place and a process for repairing to a reasonable standard defects found or reported by others within a reasonable time, the council are not liable for damage.