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Non-motoring legal advice / Re: Another pothole related predicament! Hillingdon
« on: May 05, 2026, 05:26:10 pm »
Thank you for your response DWMB2, and your logical points. I will take a look at MSE, as I have yet to. But please see below for the rejection email from the ‘Claims Adjuster’:
We can confirm our enquiries have been carried out and are complete.
We regret that we are unable to offer any compensation in this instance. Unfortunately we are only able to offer compensation where we consider that our clients would be held legally liable in respect of an incident.
Upon investigating this matter, we do not consider our client would be held liable on this occasion.
Our reasons for this are as follows:
Our clients have a statutory duty to maintain the highway. Courts accept however that no matter how diligent an authority is it cannot or prevent or respond immediately to all defects. As a consequence, the simple existence of a defect on the highway does not generally render the highway automatically liable.
In this instance our client has in operation a system of inspection. The point where you say this incident occurred was also examined prior to the date of your accident on 18/12/2025. This was within their 4 times a year inspection frequency. There were no defects meeting with our client’s intervention level for repairs observed at the location on that occasion, therefore it would not appear to be a problem at that point.
The defect was noted during the post accident safety inspection which was carried out on 13/03/2026. A works order was raised and repairs were completed by 24/03/2026.
In these circumstances we therefore do not consider that our client would be held to have been in breach of their statutory duties for any failure to act. As such, we regret we are unable to make any compensation payment on this occasion.
Finally we advise you of your rights to seek independent legal advice at any point during the claims process.
We can confirm our enquiries have been carried out and are complete.
We regret that we are unable to offer any compensation in this instance. Unfortunately we are only able to offer compensation where we consider that our clients would be held legally liable in respect of an incident.
Upon investigating this matter, we do not consider our client would be held liable on this occasion.
Our reasons for this are as follows:
Our clients have a statutory duty to maintain the highway. Courts accept however that no matter how diligent an authority is it cannot or prevent or respond immediately to all defects. As a consequence, the simple existence of a defect on the highway does not generally render the highway automatically liable.
In this instance our client has in operation a system of inspection. The point where you say this incident occurred was also examined prior to the date of your accident on 18/12/2025. This was within their 4 times a year inspection frequency. There were no defects meeting with our client’s intervention level for repairs observed at the location on that occasion, therefore it would not appear to be a problem at that point.
The defect was noted during the post accident safety inspection which was carried out on 13/03/2026. A works order was raised and repairs were completed by 24/03/2026.
In these circumstances we therefore do not consider that our client would be held to have been in breach of their statutory duties for any failure to act. As such, we regret we are unable to make any compensation payment on this occasion.
Finally we advise you of your rights to seek independent legal advice at any point during the claims process.
















