Anger grows among Sussex drivers over compensation claims for pothole damage

Exasperated motorists spoke out this week after a woman whose Mini hit a pothole in Pulborough told how she faces a nine-month wait before West Sussex County Council’s legal department decides whether or not to pay compensation for the £150 cost of a new tyre.

The county council says it takes times for claims to be assessed. And a spokesperson said the situation was made worse “by the high number of claims we are receiving at the moment.”

Dozens of drivers have taken to the County Times’ Facebook page to share their experiences. Craig Bowles said: “Shame on you West Sussex County Council. You say the wait is due to a high number of claims – well sort the roads then you won't have to deal with so many claims.”

Zanna Dale said: “I’ve a claim in with West Sussex, £280 damage plus a day off work as it took so long for recovery to get me. Been three months so far, I absolutely will not drop it.”

Sue Fennell added: “I have had my suspension broken twice and both wheel bearings too due to potholes, but previous experience shows trying to claim damages is pointless, as you cannot prove it was a particular hole which did it. It's cost me over £400 in recent months.”

Mandi Stanley said: “Put my claim in, got an email to say it’ll take 8 weeks for them to process. Got another email 8 weeks later to say their legal team will now take up to 16 weeks to consider.”

Sue Lang said: “Daughter’s having the same problem. And her tyre couldn’t be repaired for 3 days. So she lost 3 days pay. This happened in January and she’s still waiting.”

Paul Lorman, who lives in Wivelsfield, said: “I too had damage to a tyre which cost me over £600. It was on the A273 in December as I was coming home from work one dark wet night. In spite of at least five other cars also affected with punctures at the same time, West Sussex County Council denied all responsibility.”

In a letter from the council’s legal department, he was told: “For any claim against the county council, as the Highway Authority, to be successful, it is necessary to demonstrate that damage was not only caused by a dangerous defect in the highway but further that the presence of that defect resulted directly from negligence or breach of statutory duty on the part of the county council.”

He was told that the road where he hit the pothole had recently been inspected and a repair had been programmed.

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The letter went on: “Under section 58 of the Highways Act 1980, there is a statutory defence upon which the county council is able to rely where it can be shown that there has been in operation a reasonable system of inspection and repair. I consider that on this occasion the county council would be able to rely upon this defence.”