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Cumbria County Council

by REwood

24 Nov 2011

To cut a very long story short, I hit a really bad pothole in January this year that damaged two alloys and tyres on my two year old x-type. I had just bought the car and was gutted. I had to replace both wheels and tyres at a cost of £550.
I initially claimed via my insurers, LVE Frizzell, who simply took the Cumbria County Council's insurer's, Zurich, word that despite it being a category 1 , 1 day repair pothole, that I hit over 24 hours of the them becoming aware of it, that the Council was not liable. They blamed the severe weather for the delays to the repairs of the pothole. The Council also said the road had been ok at a routine inspection on 8 December
I sought details of all potholes that had been reported between 8 December until mid January and details of all repair to them. These document simply showed that the Council had been aware of problems on the road long before they stated and had actually been repairing potholes on and around the relevant road the very day I hit the pothole. Their story was simply not true. I cited this to Zurich and they have today accepted liability and asked for details of my claim.
Despite my success, I am so annoyed at this whole process, not only at the Council, but also at both sets of insurers. I intend to claim full damages and repay my insurers the £250 it paid out for my claim (I lost out on £300 excess) and ask them to recalculate my last insurance policy which suffered due to the claim.
I took heart from some of the stories on this website and did everything myself, it wasn’t that challenging. The moral, as is so often quoted on this site, don’t give up.

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Comments (3)

rushforthk    posted : 25/04/12 at 3.52pm

REwoodrnI have just started my battle with CCC highways dept. I have immediately been passed onto Zurich who have said they are not liable as road surface was repaired 09/01/2012. My incident happened on 25th March, but I am not sure where to go from here. Zurich say I must deal with them now but I assume I use FOI with the council. Thanks for your help. Kevin, Milnthorpe, Cumbria.rnI had a damaged motorcycle wheel

REwood    posted : 21/01/12 at 3.18pm

.... and the final piece of the jigsaw, after a month long battle with my insurers, they have finally reviewed my car insurance policy for last year which was affected by the claim. Despite repeatedly refusing to do so, I finally managed to get their complaints department to look into it and this morning I received a refund of £50.39prnOne year and 16 days later, this is finally sorted out.rn

REwood    posted : 22/12/11 at 11.21am

Got cheques from Council’s insurers for full amount of £548 today. Had a good pop ay my insurers for their shoddy/non-existent work in this matter and, after threatening to take them to the Financial Ombudsman, I managed to get a compensation payment of £125 pounds out of them. That is also without prejudice to any recalculation to my last car insurance policy which was affected by this now no fault claim. Happy days!

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