Tyres damaged by potholes in the road are on the increase after our bitter winter weather. Now the Telegraph’s excellent auto agony aunt, Honest John, has been asked for his advice on suing local councils for a replacement.
The query comes from a chap is suing his local County Council for the replacement of damaged front and rear tyres on hitting a large pothole last summer.
The council has engaged a firm of solicitors and its defence is a road surface review was carried out within the time frame of 30 days prior to the accident, which means they are covered by the terms within the Highways Act. They also allege negligent driving and excessive speed as a contributory factor.
Honest John replies: ‘To succeed, you need to prove that the council was made aware of the pot-holes prior to your incident and did nothing about it. If they were made aware and did nothing they are still negligent, regardless of their inspection regime. Alternatively, if you can prove that the pot-holes were there at the time of the inspection and were missed, you also have a case. Otherwise you probably don’t. The best advice is at www.potholes.co.uk. After the sharpest winter for many years, the number and severity of pot-holes has increased.’
Denna Bowman, etyres Head Office