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Are Dorset's potholes wrecking your tyres?

8:00am Wednesday 3rd March 2010 in Latest By Darren Slade, Chief Reporter

GOING TO POT: Brian Willson points out the pothole at Throop GOING TO POT: Brian Willson points out the pothole at Throop

A MAN who wrecked two tyres driving over a seven-inch-deep pothole was “flabbergasted” to be told the local council couldn’t be held liable.

Brian Willson had his claim against Bournemouth council’s insurer turned down because no-one had told the council the hole was there.

He was expecting the council to foot the £218 bill for replacing the shredded tyres on his Volvo after the accident in Muscliff Lane, Throop.

“Apparently, because it was inspected two months previously and that particular pothole has not been reported, if somebody goes down it, they can’t claim anything,” he said.

“It’s totally unfair. People should be aware.

“I’m just flabbergasted. You’d think someone from the council would have seen that hole and reported it.”

Got a pothole near you? Add it to our map by clicking link below

Throop and Muscliff councillor Derek Borthwick, who took up Mr Willson’s case, said: “He’s entitled to feel very aggrieved.”

He said a Mercedes had come to grief in the same lane since Mr Willson’s accident on December 2.

Larry Austin, Bournemouth council’s street services manager, said the council carried out a regular “inspection and repair regime”.

He added: “If defects in the road appear between our inspections, and they are not reported to us, the council may not be liable for any damage they may cause.

“There is no automatic right to compensation but claims are considered on the basis of legal liability.”

The council recently approved an extra £2.5 million for its roads, including pothole repairs.

A statement from the council’s insurer, Zurich, said freezing and thawing could cause potholes to form quickly.

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“The highway authority has a duty to keep the highway free from defects but is required to do what is reasonably practicable.

“In the case of potholes they will have a system that prioritises road inspections – eg: via a rota system based on the type of road.

“So long as they can demonstrate they have a reasonable system of inspection and frequency proportionate to the road type/usage they are not to be automatically held accountable.”

The time spent tackling potholes had to be “proportionate” and weighed against the council’s other responsibilities.

Potholes can be reported by ringing 01202 451199 (Bournemouth), 01202 265255 (Poole) or 01305 221020 (Dorset).

Comments(35)

bisadave says...
8:07am Wed 3 Mar 10

Presumably council dustcarts use the road? The council will have several employees walking around collecting rubbish every week who will of course have noticed the huge craters. If they haven't reported them, why is that the drivers fault?

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2Much...again! says...
8:34am Wed 3 Mar 10

Got a pothole near you? Add it to our map by clicking link belowOh do me a favour..'flabbergast
ed' that the council aren't going to pay out?..Thank goodness..some common sense prevails!
Go to trents, get some wheels..and stop blagging of off the council tax payers!

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sollie says...
8:54am Wed 3 Mar 10

Dorset CC have a system of reporting pot-holes on-line at http://maps.dorsetfo
ryou.com/highways/re
portproblem/.
Rather then moan about the situation and blame the councils do something about it and head for this site.

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2Much...again! says...
8:56am Wed 3 Mar 10

2Much...again! wrote:
Got a pothole near you? Add it to our map by clicking link belowOh do me a favour..'flabbergast

ed' that the council aren't going to pay out?..Thank goodness..some common sense prevails!
Go to trents, get some wheels..and stop blagging of off the council tax payers!
Dunno how the pothole comment got in at the start..lol

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Neo-sapian says...
9:18am Wed 3 Mar 10

sollie wrote:
Dorset CC have a system of reporting pot-holes on-line at http://maps.dorsetfo ryou.com/highways/re portproblem/. Rather then moan about the situation and blame the councils do something about it and head for this site.
Bournemouth Council have a report a pothole page too, http://www.bournemou
th.gov.uk/main/repor
tpothole.asp

Ironically it's one of the easier bits of information to access on their website (cause the site is usually shocking for finding anything).

I'm with 2Much, stop whinging and trying to blag money off the council cause you couldn't be bothered to pay attention to the road ahead of you. We shouldn't encourage this sort of thing cause the money to pay for these whingers will more than likely come out of the fund needed to repair the holes in the first place.

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psal says...
9:19am Wed 3 Mar 10

Hope the council are reading this. There must be around 20 potholes on Charminster Rd and plenty more including one huge one on Charminster Ave.

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mikey2gorgeous says...
9:41am Wed 3 Mar 10

Perhaps people shouldn't drive around with low-profile alloy wheels & tyres (designed for racing)? They damage much more easily than full-profile steel ones and cost much more to replace.
.
There is nowhere on our road system that requires their use.

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Lord Spring says...
9:49am Wed 3 Mar 10

psal wrote:
Hope the council are reading this. There must be around 20 potholes on Charminster Rd and plenty more including one huge one on Charminster Ave.
Have you offically reported them? it is no good saying it on here

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Xchurch-man says...
10:03am Wed 3 Mar 10

Got a pothole near you? Add it to our map by clicking link belowThe fact of the matter is that if a hole like this could do such damage to ANY kind of car tyre, any motorcyclist unfortunate enough to ride over one would be thrown from his machine.
This could easily result in a fatality should they be thrown into the path of an oncoming vehicle.
Had the Council not WASTED money purchasing the Imax site, they may then be able to afford to discharge their legal obligations to maintain the highways.
I suggest that all readers report every pothole they find and overwhelm the stupid Council.

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hammer says...
11:41am Wed 3 Mar 10

There are two large potholes in Lindsay Road Westbourne which have been painted around. They have been like this for weeks. Maybe the Council should spend more time filling them in rather than painting round them! Totally agree with Xchurch man - I have a motorbike and if a motorcyclist hit either of those potholes they would be thrown off!

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grimreaper says...
12:01pm Wed 3 Mar 10

"Are Dorset's potholes wrecking your tyres?"
.
No ! but Bournemouth's are !
.
Every road in Bournemouth needs resurfacing, and what did they do in Talbot Avenue ?
.
Resurface the cycle lanes and leave the middle.
.
Stop wasting my money on benefits and start spending it on what I pay for !!
.
I dont need a Surf Reef I didn't need the Imax and I dont need PETTY PARTY POLITICS I just want what I pay for !!!!!

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MartiB says...
12:41pm Wed 3 Mar 10

mikey2gorgeous wrote:
Perhaps people shouldn't drive around with low-profile alloy wheels & tyres (designed for racing)? They damage much more easily than full-profile steel ones and cost much more to replace.
.
There is nowhere on our road system that requires their use.
Low profile alloys?? I thought it was the tyres that were low profile.
on a Volvo, now there is an interesting concept!
I believe the choice to use low profile tyres is down to personal choice as the last time I looked we had not turned into a dictatorship.
Also low profile tyres are safer on the road as they provide better stability, they are not just for race cars.
The reason most people don't use them is the provide a firmer ride.
Perhaps the councils should pull there finger out and get the roads repaired given the amount of money that is fleeced out of motorists. We have not had any severe freezing for weeks.

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mikey2gorgeous says...
2:04pm Wed 3 Mar 10

@MartiB - the use of low profile tyres (and associated alloys) is completely unnecessary unless you are pushing cars to their limits which is certainly NOT how they should be driven on the public roads.
.
Who exactly is it safer for? Certainly not for vulnerable road users who now have to face ever increasing speeds from cocooned motorists. I have heard some argue that the better brakes on modern cars mean they are safer. They are MORE dangerous for everyone else as the braking allows for faster driving.
.
Suppose I put tyres & wheels that cost £4000 on my car. Do you think the council should be liable for that amount simply because of my vanity?
.
These payouts should be limited to the cost of normal tyres and wheels.

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sussexcherry says...
2:24pm Wed 3 Mar 10

Whilst I agree with some sentiments posted on here, I feel that the as council are responsible for the upkeep, they are also responsible for the liability. It can be very difficult to spot a pothole in the dark, and if you are driving in a different area and dont know the potholes that makes it worse. I reported some on Roeshot Hill at Xchurch, (A35 from Stewarts at Somerford to the Cat and Fiddle) and was told that they were not deep enough to be properly filled, so any repairs would just break up again, but at least they have been done. I was also told that resurfacing was nigh on impossible as it comes from a different budget. This road becomes a bit of an ice rink as you go over the "repaired" potholes so something has to be done. As most residents dont report potholes, thinking that someone else will do it, how about the council paying each postman in the area a one off £20 in total (not £20 per hole!) to report every potholed road that they see. They use our roads every day and it would be quicker and cheaper than the council setting up a works commitee, having various meetings about it etc etc. For your info, I am not a postman, but I just thought that they use every road, every day, and would be the easiest way to find out the info!

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roysses says...
2:36pm Wed 3 Mar 10

Did the driver not notice a huge hole in the road?? If he had been looking, he could have avoided it
Whose fault, the careless driver.
Compensation - nil.

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Bob49 says...
2:58pm Wed 3 Mar 10

The council are not liable as there is not a proven case of negligence. It wouldn't be deemed reasonable for the council to be checking every yard of every road every hour.

Had this pothole been previously reported then yes it is negligence and they would therefore be liable.

It is easily explained by the council's insurer so I'm not quite sure what councillor Derek Borthwick is chuntering on about. If there was a previous problem then might not the councillor have took it upon himself to ensure that the roads in his ward were checked for potholes.

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Markmag says...
3:43pm Wed 3 Mar 10

Moral of the story, get a mate to report the pothole, wait a day, then put the claim in to the council.

Or, if that's fraud, then obviously don't. Don't break the law people!

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Xchurch-man says...
3:53pm Wed 3 Mar 10

A pothole full of water looks very much like a puddle. This is the problem for both motorcyclists and car drivers alike, especially at night.
Just how many accidents do you think there would be if everyone swerved around in the dark to avoid "puddles" just in case they were in fact pot holes?
And as for the comments criticising low profile tyres, get a life!!

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McVICAR says...
3:54pm Wed 3 Mar 10

Working on the same assumption as the council does this mean in law that if I am stopped by the police while driving my car and they see two defective tyres,I cannot be prosecuted as i have not had ,or, inspected them myself . Seems like a good way to avoid responsibilty to me.

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Bob49 says...
4:28pm Wed 3 Mar 10

It is not the same assumption. It is reasonable that a driver (or maybe even you) is capable of checking four tyres. Tyres wear at a gradual rate. Potholes usually appear almost instantaneously. Lets hope the police do not prosecute for defective brain cells ........ you appear not to have checked yours recently !

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2Much...again! says...
4:32pm Wed 3 Mar 10

Nice one...blame culture rules then!
Shall i go and sue B&H for getting me hooked to cigs?
Shall I sue Tate & Lyle for the cost of previous fillings in my teeth.
We all make a decision and have a choice to take our precious cars out onto the roads..you really expect all roads to be silky smooth to save your tyres?
It's always someone else's fault isn't it...nothing to do with the weather..all the council's fault!

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McVICAR says...
5:36pm Wed 3 Mar 10

Bob49 wrote:
It is not the same assumption. It is reasonable that a driver (or maybe even you) is capable of checking four tyres. Tyres wear at a gradual rate. Potholes usually appear almost instantaneously. Lets hope the police do not prosecute for defective brain cells ........ you appear not to have checked yours recently !
I think you need to purchase some sense of humour
Bob 49, HHHMMM, does that reflect your age or your I.Q rating

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Bob49 says...
11:23pm Wed 3 Mar 10

Oh dear, I posted up a reply that pointed out that my original post was rather tongue in cheek and it has disappeared. How strange.

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BIGTONE says...
7:15am Thu 4 Mar 10

I hope the druggies don't read this.They will be scouring the streets looking for the said pot!!!!!

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Avengerboy says...
8:58am Thu 4 Mar 10

"Larry Austin, Bournemouth council’s street services manager, said the council carried out a regular “inspection and repair regime”.

Really? Can i have some examples of both? .... or regime change.

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mikey2gorgeous says...
11:03am Thu 4 Mar 10

Avengerboy wrote:
"Larry Austin, Bournemouth council’s street services manager, said the council carried out a regular “inspection and repair regime”.

Really? Can i have some examples of both? .... or regime change.
You can have regime change if you bother to stand for election.
.
If you can't be bothered then don't complain when people who can be bothered get elected.

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hammer says...
11:32am Thu 4 Mar 10

I just don't believe it. The potholes on Lindsay Road have been filled in! Hoorray!!!

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MartiB says...
1:12pm Thu 4 Mar 10

Got a pothole near you? Add it to our map by clicking link belowYou obviously seem to have a chip on your shoulder because someone can afford some alloys and low profile tyres and you obviously can't. You obviously know very little about driving cars and seem to make a lot of assumptions, such as if someone has alloys and low profiles then they will immediately be speeding, or maybe they have a bit of pride in their car and want it to be different and not like the rest of the brain dead boring sheep that inhabit this planet. Why you are banging on about alloys and low profiles is beyond me, as they are not even mentioned in this story and a Volvo driver is unlikely to have alloys and low profile tyres
The council are responsible for the maintenance of the roads and yes they should pay compensation, then maybe they will pull their finger out and maintain them. Car owners are fleeced in extortionate taxes to drive on the road, the least we expect is that they are maintained to a reasonable standard
£218 is not unreasonable for 2 tyres these days. Yes you can buy cheaper however these are usually poor especially when it is wet.

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T.BH1 says...
1:56pm Thu 4 Mar 10

^Yawn. I find it quite funny how you talk about 'brain dead boring sheep' when you yourself probably spend 2 hours a day in your tin can. ZZZzzzz....

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morita says...
2:03pm Thu 4 Mar 10

I reported pot holes on my road via email on Tuesday to Poole Borough and they have been repaired this morning. You have to let them know.

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Bob49 says...
2:37pm Thu 4 Mar 10

" or maybe they have a bit of pride in their car "


oh dear, how very sad

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X Old Bill says...
3:15pm Thu 4 Mar 10

All this banging on about alloy wheels and low profile tyres (pun intended).
Many modern cars are designed so that the suspension works with what is called 'low unsprung weight' in conjunction with wide tyres. They would not be drivable on skinny steel wheels with 95% profile tyres.
If you buy a modern car you are unlikely to get that choice.
Steel wheels can also be damaged, some say that the dent can be straightened, but you might need a half a kilogram of lead to balance it.
.
Back on topic - I would suggest that the Council Policy is largely, if not wholly, dictated by the Insurance Company. The Council have a duty to maintain roads to a reasonable standard but nowadays with so many 'slip and trip' claims to contend with they are contesting each case in the hope that it will be abandoned.

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mikey2gorgeous says...
3:50pm Thu 4 Mar 10

@martiB - actually it's estimated that drivers are subsidised to the tune of £34billion per year on top of the taxes they pay (when you take into account the cost to businesses of congestion etc).
.
I don't have a chip of jealousy, I just object to those who want Council tax to pay for the damage their cars get.
.
@Xoldbill - there is no need for cars to have low profile setups. There's also no need for them to be able to do well in excess of the national speed limit. All these 'improvements' in cars only have the effect of letting people drive faster for the same feeling of risk.

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thunkanmcthunk says...
3:00pm Tue 9 Mar 10

THUNK! Don't put holes in your pots!

http://thunkometer.w
ordpress.com/

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Bormuf Boy says...
5:42pm Fri 12 Mar 10

We've had a harsh winter that has taken it's toll on our roads leading to potholes. This isn't unique to our area, this is happening across the country and even across Europe.
I have every faith that our local councils will make all the necessary action to make good any potholes that they are aware of. We have to bear in mind that we are talking about a huge amount of holes that cannot be fixed in a day.
How many of those people putting claims in for pothole damage to their vehicles would not have reported the said pothole if they'd seen it and managed to avoid it ?
It's unfortunate to have your vehicle damaged but unfortunate things happen in life. Take it on the chin and move on.

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