If your car is damaged on a poorly maintained road, you may be able to claim compensation. Here's how.
Years of underinvestment in Britain's roads means that your chances of driving over a pothole are higher than ever.So if your car is damaged after running over a pothole, what should you do?
Step 1: Gather evidence
As soon as it is safe to do so, make a note of where the pothole is. If possible, measure the pothole and take a photo of it. And don't forget to note the time and date of the incident.
You can use an app such as Street Repairs to record the pothole and warn others of its presence too
If there are any witnesses, take their details too. Then take your car to a garage to assess the damage.
Step 2: Work out who's responsible
You need to contact the body responsible for maintaining the road. For motorways and major A-roads it will be the Highways Agency, and for other roads it's normally the local council.
It's worth contacting the Highways Agency or council as soon as possible to make them aware of the pothole, even if you haven't had time to assess the damage to your car.
This could help prevent other accidents. Do this by phone, but make sure your name is taken and you make a note of the person you talked to.
Step 3: Make your case
Once you have a quote for the repair work necessary, you can make a formal complaint. The council in question will be able to tell you how best to get in touch.
Your letter or email should contain a full description of the accident, where it was and at what time, your photographs and a sketch plan of the area.
Make sure to include a copy of the repair bill/receipt for the damage caused, as well as photographs of the damage if possible.
Step 4: Be persistent
You only have a right to compensation if the council or Highways Agency has failed in its duty to keep the road in a good state of repair. A council may defend itself citing Section 58 of the Highways Act 1980, which says it isn't liable if it has taken reasonable measures to ensure that road problems such as potholes are found and dealt with swiftly. If a pothole has already been reported and the council has failed to act, however, your case stands a better chance of being settled. Under the Freedom of Information Act you have the right to ask the council when a road was last inspected or had work carried out. A website such as WhatDoTheyKnow can help you make an FOI request. You should get a response within 20 working days. The council should have its own policy for inspecting roads and repairing reported potholes: check that in your case this policy has been adhered to.
Step 5: Consider the council's offer
You may be made a settlement offer that's lower than the amount you're demanding. Think about whether it's worth continuing your case just to make up this shortfall. You might be better off cutting your losses and accepting what's on the table.
Step 6: Seek legal advice
If you think your claim has been unfairly turned down, you could contact a solicitor or make your own case in the small claims court.
This will incur extra costs, at least in terms of your time, and is likely only to be worthwhile if the damage to your vehicle was considerable.
Step 7: Claim on your car insurance
If your claim is rejected and the repair bill you face is large, you can claim on a comprehensive car insurance policy.
But bear in mind this will be recorded as an at-fault claim so you'll have to pay an excess and could lose some of your no-claims bonus.
If you are considering becoming a driving instructor then making sure the training vehicle meets the relevant legal and organisational requirements for roadworthiness is obviously a necessity. You should confirm that all necessary documentation is available and valid. You should also be aware of any requirements for a minimum test vehicle (MTV). Routine maintenance and recognising any faults with the vehicle are also covered. When using a vehicle provided by the learner there are clearly limits to how far you can go in carrying out checks and taking corrective actions. You should still confirm that the vehicle meets the requirements, check the documentation, carry out basic safety checks, such as those on tyres and lights, and make sure that L plates (or D plates in Wales) are displayed correctly. Performance standards You must be able to adhere to are:
1. make sure that any vehicle used for training purposes meets the minimum test vehicle requirements is correctly marked
2. make sure that any ancillary equipment fitted to the vehicle, such as dual controls, satellite navigation systems 1 or other electronic aids, is legally compliant fit for purpose
3. make sure that insurance is in place to cover driver/rider-training, and where appropriate driver/rider-testing, in the vehicle as adapted
4. confirm all other vehicle Knowledge and understanding requirements You must know and understand a. minimum test vehicle (MTV) requirements for licence acquisition practical tests b. the legal requirement to identify a vehicle being used for on-road training of provisional licence holders, by fitting L/D plates c. how to check the operation of equipment such as dual controls d. any legal requirements or restrictions that apply to the fitting and use of ancillary equipment and how to make sure it can be used safely and with the minimum of distraction e. what insurance you must have in place to deliver driver/rider-training for the vehicle involve documentation (such as registration, tax disc and MOT) meets legal requirements
5. confirm the vehicle’s service record is in accordance with the supplier’s or your organisation’s recommendations 6. carry out vehicle checks and report faults or problems with the vehicle in line with organisational and legal requirements
7. carry out corrective actions that are within your authority
8. make other arrangements when a vehicle is not fit for purpose f. the need to inform your insurance provider of any adaptations to your vehicle g. the statutory registration, licensing and testing requirements for the vehicle h. how to access the service record for the vehicle and confirm that necessary servicing has been carried out i. how to access any organisational checklist for the vehicle and carry out those checks j. what action to take if the vehicle does not have all the necessary documentation has not been serviced fails any checks
If you want to become a driving instructor then you should be able to meet all legal requirements for teaching drivers. Our training will cover that you are able to confirm that you meet all the legal requirements before you start delivering training. This includes the vehicle or machine you intend to use your status as an instructor and that you must know and understand what the law says about using a vehicle or machine for training purposes and about your entitlement to deliver training. Some of these tasks may be given to other people in your organisation if you are working with a franchise or organisation. However, you should still be able to confirm that the vehicle you intend to use is roadworthy and that you are legally able to carry out the training. It is essential that you can confirm that you comply with legal requirements and that the training vehicle is fit for purpose.
A list of what you should be able to cover. This includes licence and instructor registration requirements. You must report any change to your health or eyesight, or any convictions, to all those who legally need to know. Performance standards You must be able to
1. confirm that you hold a current, valid licence to drive or ride the training vehicle
2. confirm that you are registered as an instructor with the appropriate body or bodies, or that you are exempt from registration
3. comply with organisational and legal requirements to report any change to your status as an instructor, such as convictions medical conditions changes to your eyesight
4. display your current instructor registration certificate, or have it with you, in line with legal requirements Knowledge and understanding requirements You must know and understand a. the licence regulations that apply to the training vehicle you are using b. whether there are requirements to belong to a register of instructors for the training vehicle you are using c. the legal requirements and conditions that apply to gaining and maintaining registration to any appropriate body or bodies d. the types of offence you must report under organisational or legal requirements and how they affect your status as an instructor e. how changes to your health or your eyesight may affect your status as an instructor f. the eyesight requirements that apply for the training vehicle you are using
The DVSA are considering the future of our 3 voluntary registers (fleet, official register of driving instructor trainers (ORDIT) and LGV) and, where appropriate, think about how they could be delivered by third parties. Tri-Coaching Partnership are ready to stay ahead of these changes and will be offering a conversion course for ADI trainers as the present final examination to become a driving instructor changes from the part 3 test of instructional ability to the new standards check for approved driving instructors. Our courses are already written to map across from the current approved driving instructor qualifying exams. This will enable any new Potential Driving Instructor (PDI) to benefit from our training now and in the future and make it easier for them to become an approved driving instructor.
Approved driving instructor (ADI) We’ll continue to regulate approved driving instructors who give paid car driver training, to make sure minimum standards are met and the overall integrity of the industry is maintained. In 2016 to 2017, we’ll: • replace the existing ADI part 3 with the standards check to improve the ADI qualification process and align it with the post qualification assessment • work with key ADI stakeholders to agree proposed indicators for an earned recognition scheme for ADIs • consider options for introducing an on-line booking system for the ADI standards checks so ADIs can book their own standards checks at a time that’s convenient for them • work with DfT to move deregulation on to let fully qualified ADI’s with dual controlled cars offer lessons on motorways to learner drivers • make changes to regulations so that ADIs can resign voluntarily from the register and allow those who’ve lapsed voluntarily to re-join the register by successfully completing a standards check rather than requalifying
The new road safety statement sets out the government’s vision, values and priorities for improving the safety of Britain’s roads.
The government is committed to investing in national road safety; this is not solely because of the tragic human consequences of road deaths and injuries. Safer roads and safer road users save lives, but they also help to reduce pressure on the NHS and emergency services, keep traffic moving and, as a result, keep our economy growing.
My honourable friend, the Parliamentary Under Secretary of State for Transport, Andrew Jones, is today (21 December 2015) publishing a road safety statement that sets out the government’s vision, values and priorities for improving the safety of Britain’s roads. This statement describes the context of road safety in Britain today and the overarching scope of road safety activity for the government. It will be followed by consultations on specific issues as options are developed. The statement covers road safety policy within Britain as governed by the Department for Transport.
In the short and medium term, the main specific actions that we will take include:
We are very excited to be able to announce the launch of a brand new online product that will revolutionise the way people train to become driving instructors.
The TCIT Online course will be ideal to complement your own training of new driving instructors if you are looking to expand your own business or equally good for anyone you know that wants to enter the world of driving instruction.
The Tri-Coaching Instructor Training (TCIT) Online course includes a TCIT Course Book and Record of Progress as well as relevant publications all delivered in a Resource Pack to the customer's home address.
TCIT Online costs just £600 (including VAT). This can be paid in 3 x monthly installments of £200.
The TCIT Online Package is delivered via emails. The emails will contain links to pre-recorded power point presentations with voice over (webinars) and MPEG 4 Video, as well as PDF documents. All the emails can be saved in a folder on your computer entitled 'TCIT Online' so that you can easily locate the link that you need to take you to the relevant webinar or video. The webinars and videos are not downloadable and can only be accessed online. The TCIT Online Package takes around three months to complete.
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Also in addition you can benefit with a commission payment from us to you for every person who buys the course via a link that you provide when you join our *Referral Partners Scheme.
*read more about the Referral Partner Scheme Here