Drivers to sue over damage by potholes (From The Wiltshire Gazette and Herald)

Drivers to sue over damage by potholes

MOTORISTS who have hit potholes on roads in Wiltshire are planning to take legal action to recover the money they have paid out to repair their cars.

Wiltshire County Council, the highway authority, has refused to pay for the damage caused to dozens of motorists' vehicles.

John Emery, of Queens Road, Devizes, has paid out £670 for two new alloy wheels and tyres for his Toyota Celica after it hit a pothole on the A360 near to the bend at Potterne Wick.

Mr Emery, 66, hit the pothole at night when he was returning to Devizes on January 11.

Mr Emery, who is retired, said: "It was raining and I was driving at 35mph when I hit the pot hole. It was six inches deep. I managed to get home and saw that it had burst a tyre. My rear tyre and wheel was also damaged."

"There's been so many holes appearing on the A360 in the location where I hit the pothole.

"The county council told me it had carried out repairs at the location three times between December 2 and the day my car hit the pothole. Whatever they were doing wasn't adequate.

"But the county council's attitude is that it's the motorists' fault and not theirs which is an injustice."

Mr Emery believes the pothole was in the same location as a pothole which Bridget Green of Littleton Panell and 11 other motorists hit on December 2 and have been turned down for compensation. Miss Green paid out £200 for a new wheel and tyre on her Peugeot 106.

Both he and Miss Green are looking into taking the county council to court to sue for the damage to their cars.

Another 18 motorists have claimed for compensation after they hit a pot hole measuring five feet in length, two feet wide and six inches deep on Hay Lane near Wroughton, Swindon.

Most hit it when it was getting dark on January 12 and say they had no warning of it.

One of the motorists is Gazette reporter Jill Crooks who paid out £76 for a new wheel and tyre for her Peugeot 106.

Miss Crooks of West Swindon intends to take her claim for compensation to a small claims court.

The county council says that for any claim for compensation to be successful motorists have to show that the council was negligent or breached its legal responsibilities.

The county council is increasing the amount it spends on repairing roads. In 2004/5 it will spend an extra £3million on road maintenance and tackling potholes.

The motorists who want to take legal action would like to hear from people who have successfully taken a highway authority to court to secure damages or from an independent highway engineer who would be willing to offer advice. If you can help, contact Jill Crooks on (01380) 723501.