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Driver refused compensation over pothole damange will fight on

Posted by Polly Manser on May 17, 09 12:01 AM in Beaconsfield News

A MAN whose car was damaged by potholes caused by severe weather earlier this year, and who has been refused a claim by the county council, has vowed to take the matter further.
He has behind him the good wishes of nearly 500 other motorists whose claims for compensation have also been rejected despite the atrocious state of the county's roads for weeks in February and March.


Alec Murrel, a retired MD of an engineering company, is to go to the Local Government Ombudsman and may consider legal action, which he has done successfully in the past.
Mr Murrel, of Hampden Hill, Beaconsfield, was driving along Broad Lane, Beaconsfield, on February 10th when his Volvo ploughed into a deep pothole.
His claim for £140 for a new tyre has been rejected by Buckinghamshire County Council on the grounds that it had fulfilled its statutory duty of inspecting the road twice a year and that on the most recent inspection, in November, the pothole which damaged Mr Murrel's car did not exist.
But Mr Murrel believes that, given the extreme weather the week before, when temperatures fell to record lows, BCC should have done additional inspections.
He said: "They think they think I'm going to get tired and get away, but I'm not going to."
From January to April this year 462 people claimed for pothole damage. BCC has paid out on seven, totalling £1, 150.
Eric Meek, Area Manager for BCC, said: "We do sympathise with motorists... however on this occasion we had carried out our inspections in line with our policy which complies with the Code of Practice for Highway Maintenance Management. As with any insurance we have an excess in order to keep the premiums at a reasonable level, this means that claims of this nature if settled will be paid from county Council budgets. As in this case where we have fulfilled our responsibility, it's only fair to the tax paying public that we repudiate claims."
On average 20 per cent of claims for pot holes are paid. BBC spent an extra £200,000 repairing potholes due to this winter's severe weather.


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1 Comments

joshua mitchell said:

i got refused 600pounds of damage to my car aberdeen city council refuse cuz the roads were checked 7 days before the insident any one knows good place's to sue them?

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