Aberdeenshire Council is the highway authority responsible for maintaining roads in the rural area surrounding Aberdeen. Under Highways Act 1980 section 41, Aberdeenshire Council has a statutory duty to maintain highways within its jurisdiction to ensure they are safe and usable for road users. This means that if you encounter potholes or other hazards on public roads maintained by Aberdeenshire Council, it is their legal obligation to take reasonable steps to repair them.
Aberdeenshire Council's Duty to Maintain Roads
Under the Highways Act 1980 section 41, Aberdeenshire Council has a statutory duty to maintain highways within its jurisdiction. This includes ensuring that roads are free from potholes and other defects that could cause damage to vehicles or injury to road users. If you have been involved in an accident caused by a poorly maintained road, it is important to understand your rights as a motorist.
How to Report a Pothole to Aberdeenshire Council
If you encounter a dangerous pothole on the roads within Aberdeenshire Council's jurisdiction, it is essential to report it immediately. You can do this by visiting their website at https://www.aberdeenshire.gov.uk/roads-and-travel/roads/. On the page, there will be specific instructions and contact details for reporting road defects. Reporting potholes promptly helps Aberdeenshire Council address them quickly and prevent further damage to vehicles.
Making a Pothole Damage Claim Against Aberdeenshire Council
If you have incurred vehicle damage due to a pothole or other road defect maintained by Aberdeenshire Council, you can make a claim for the costs of repair. To do this effectively, you need to gather evidence and follow these steps:
- Photograph the Pothole: Take clear photographs from different angles showing the extent of the damage caused by the pothole.
- Report the Incident: Report the pothole to Aberdeenshire Council as soon as possible using their reporting system on their website.
- Get Repair Quotes: Obtain repair quotes from reputable mechanics or body shops for the damages incurred due to the pothole.
- Submit a Claim with Evidence: Send your claim along with photographic evidence and repair quotes to Aberdeenshire Council via email, post, or through their online reporting system.
It is important to act within three years of the date of damage as per the Limitation Act 1980. This timeline ensures that you do not miss out on pursuing a valid claim.
What If Aberdeenshire Council Rejects Your Claim?
If your pothole damage claim against Aberdeenshire Council is rejected, they may use section 58 of the Highways Act 1980 as a defence. This section allows the council to avoid liability if it can prove that it had a reasonable inspection and maintenance regime in place at the time of the incident.
If your initial claim is unsuccessful, you have the option to escalate the matter to the county court. However, there is no need to involve claims management companies or solicitors for this process. You do not need a claims management company; handling the claim yourself can be straightforward and effective if you follow the correct procedures and provide full evidence.
Sources and References
- Highways Act 1980
- Limitation Act 1980
- Aberdeenshire Council Road Reporting: https://www.aberdeenshire.gov.uk/roads-and-travel/roads/