Money Help Desk: Can I claim compensation for pothole damage?

I DROVE over a large pothole in Glasgow a few days ago. I would have tried to avoid it had I been able to see it properly, but it was full of water, so was totally concealed, and it was getting dark at the time.

The impact led to a burst tyre and two cracks on the alloy wheel. Not only that, but it looks like there is also some suspension damage, so I've had to book it in for urgent repairs and am having to rely on my wife's car until I get it back.

I'm not sure how much this is all going to cost, but assume that I'll be covered by my motor insurance policy. Is this the best way to claim for the damage? Can you advise on the best course of action in terms of claiming for compensation?

JW, via e-mai

Stacey Mowat, from the civil court department at Russel+Aitken, writes:

You are certainly not alone. Thousands of emergency repairs are being carried out on Scottish roads after the recent freezing weather conditions left the network pitted with potholes. In Edinburgh alone, the council has apparently earmarked 1,200 potholes in need of urgent repairs.

But many motorists are unaware of their rights and the fact that they can claim for compensation if their vehicle has been damaged.

You're quite right to check your motor insurance policy, but bear in mind that by making a claim this way you may be required to pay an excess and you may also risk losing any existing no-claims bonus. Claiming compensation from your local authority may be a more effective way of recovering the cost of your repairs.

Under the Roads (Scotland) Act 1984, local authorities are responsible for managing and maintaining public roads in their respective areas. They have a duty to take reasonable care to maintain roads in a safe condition, free from any defects that may cause a reasonably foreseeable risk of damage or injury.

They may, therefore, be liable to compensate you for the damage caused to your car after hitting a pothole. For a claim to be successful, it's necessary to prove it was reasonable and practicable for the local authority to have become aware of any defect, and that it had negligently failed in its management and maintenance duty by failing to repair the pothole.

My advice to anyone unlucky enough to suffer damage to their vehicle due to a pothole is to gather as much evidence as you can. As soon as it's safe to do so, take photographs of the pothole and of the damage to your vehicle with a camera which indicates the date. If possible, you should also measure the pothole and note down details such as its location, position and shape, and the weather conditions at the time.

Obtain quotes from two or three garages for the cost of repairs to your vehicle. If it requires urgent repair, go ahead with this but ensure that you keep all receipts and invoices.

Check your motor insurance policy details as it may be possible to claim for accidental damage and to recover some of the repair costs. Pay particular attention to what excess you'll have to pay, and the effect on any no-claims bonus.

Consider claiming compensation from your local authority. A number of councils will provide information to help with this.

Visit www.potholes.co.uk - this website has a section that provides contact details for your local council.Why is Santander so slow to move my money?

I RECENTLY transferred 2,000 cash from my current account in Santander to Halifax. Unlike every other bank that I am familiar with, this took three to five working days! It happens in minutes with Halifax, Northern, First Trust etc.

The money was removed from my account immediately, to where I do not know.

I complained and was sent an inadequate response. I have now complained to the ombudsman.

Is Santander offering a second-rate service?

SG, Belfast

Teresa Hunter writes:

Problems with the clearing of transactions are not uncommon, and can often come down to a misunderstanding. While banks have been working towards faster money transmission, they still have different limits for faster payment by phone or internet. Don't take it for granted that a transaction will go through quickly.

While the limit at Barclays is 10,000, it is 300 at the Santander group, 1,000 at Nationwide and 2,500 at the Co-op.

A Santander spokesman said he realised their limit was lagging, but the bank had been concentrating on the mergers with Alliance & Leicester and Bradford & Bingley. It hoped it would be able to make faster payment more widely available in the near future.