Nastypsychoboy wrote:Thanks for the replys, i'll look into H&R cheers Hiltoa.
Hahahahahahahaahahaha yeah i wish it was that simple no_RS, i'd imagine the council are about as hard to get money out of as an Audi dealership, and blood out of a stone is easier than that! Already in the process of starting a claim but the councils view is if they weren't aware of the problem they have no liability, which is bull because they should be regularly checking the roads to ensure they are safe to drive on, thought that what was my expensive road tax was for! If someone else reported the problem then they are at fault for not repairing it sooner, but i still think they are liable because it surely cant be the job of the general public to call the council up in order to get them to do their job properly!!!!
Don't get me started.......

At last a question I can answer unlike most of the technical RS4 type questions! The local Authority has a duty under section 41 of the Highways Act 1980 to "maintain the highway".
But they have a defence under section 58 of the Act which allows them to escape liability if they can show they have taken reasonable steps to maintain the high way in a reasonable condition. Proving this usually centres around the council having a system of inspection which is normally yearly or 6 monthly (the busier the road the more frequent the inspection should be). If the council can show that the pot hole arose after their most recent inspection and before the next inspection was due then they have a defence.
However it is worth noting if you damaged your wheel in a pothole marked with yellow paint this means the council have highlighted it for a repair but not bothered to do it yet so it is much harder for them to reject the claim.
Also if you can prove the council's inspection system is flawed i.e. you have a witness that can say the pot hole was there for a long time and that the council must have missed it in their last inspection then again you can prevent the council from relaying on the section 58 defence.