Surrey County Council, the local authority responsible for maintaining roads in Surrey, plays a crucial role in ensuring that highways are safe and well-maintained. Under the Highways Act 1980 section 41, Surrey County Council has a statutory duty to maintain highways within its jurisdiction, which includes repairing potholes and other surface defects.
Surrey County Council's Duty to Maintain Roads
The Highways Act 1980 section 41 mandates that Surrey County Council must ensure the roads under their control are safe for use. This means they have a legal obligation to inspect and repair potholes promptly, thereby preventing accidents and damage to vehicles. If you encounter a dangerous pothole in Surrey, it is important to understand your rights and how to proceed with a claim.
How to Report a Pothole to Surrey County Council
If you come across a pothole that causes damage to your vehicle or poses a risk to road users, the first step is to report it to Surrey County Council. You can do this by visiting their website at https://www.surreycc.gov.uk/roads-and-transport. The site provides detailed information on how to submit a report and track the progress of your complaint.
Making a [Pothole Damage](https://mlj.org.uk/highway-authorities) Claim Against Surrey County Council
When making a pothole damage claim against Surrey County Council, it is essential to gather evidence that supports your case. This includes:
- Photographing the Pothole: Take clear photos or videos from different angles showing the extent of the pothole and its location.
- Reporting the Issue: Report the pothole to Surrey County Council as soon as possible via their website.
- Getting Repair Quotes: Obtain repair estimates from reputable mechanics detailing the cost of fixing any damage caused by the pothole.
The timeline for submitting a claim is crucial, as it must be done within 3 years from the date of damage according to the Limitation Act 1980. This ensures that your rights are protected and provides you with ample time to gather necessary documentation.
What if Surrey County Council Rejects Your Claim?
If Surrey County Council rejects your claim, they may rely on section 58 of the Highways Act 1980 as a defence. Section 58 allows the authority to escape liability by proving that it had a reasonable inspection and maintenance regime in place at the time of the incident. However, this does not mean you cannot pursue further action.
If your claim is rejected, consider escalating the matter to the county court. You do not need a claims management company for this process; handling it yourself or with legal advice can be effective. The court will assess whether Surrey County Council met its statutory duty under section 41 and determine if they acted reasonably in maintaining the highway.
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