Not just a pot hole - section of road missing!

by Kent

11 May 2009

I was unfortunate one night in February whilst travelling along an un-lit country 'C' road near home to collide with a massive pot hole / section of missing road!

I just managed to avoid all four wheels going down into it but unfortunately both the near side wheels suffered severe buckles - the rear wheels deflated instantly!

I reported the incident to the Winchester council Highways dept first thing the following morning. I also asked for a claim form as I believed to be in a strong position to claim back for the damages sustained to my car.

I went back to the scene the following day to take photographs of the section of road, but it had already been filled in! A pretty poor job to say the least (as seen in the photos). So I took pictures of the filled in section of road instead to support my claim.

I sent in the evidence, along with my claim form, receipts for repairs carried out to both my near side wheels, and an estimate supplied by Vauxhall for two new wheels, tracking and alignment costs.

Just inside three months of sending in my claim form I received a letter back from the highways dept (legal section) stating that they defended their position (1980's highway act) and that the claim I submitted would not be paid out as a result of the above act and frequency of inspections of the road had been met up to the date of my incident.

I have phoned the dept and spoken to the legal person who has been dealing with my claim, and I have been told that they have done all that is reasonably nesaccary in light of their obligations, and that my claim would end here.

I am furious, as this was not simply a pot hole - but an entire section of road missing!!

Wht do I do now?

Please can anyone give me some advice of what to do now?

Kind regards,


Kent.