Council refuses to pay out for vehicle damage due to potholed and flooded roads

Richard Evans, local democracy reporter

A driver claims roads near his home are “some of the worst in Wales” – but his claim for damage to his vehicle has been rejected.

Mike Pritchard, of Marian Cwm, Dyserth, claimed his car steering rack and tyres had been damaged on separate occasions due to the condition of rural roads in the area.

However Denbighshire Council’s insurers refused to pay out, stating in a letter to him that they do not believe the council was at fault.

Issues

Mike, 59, says he has repeatedly reported issues with potholes and flooding to the council.

He claims the steering wheel on his Audi Q5 was damaged to the tune of £1,600 in late January of 2024 whilst driving on Hiraddug Road in Marian Cwm.

He blamed poor drainage for the incident.

Weeks later, on February 16, he claims he was driving on the single-track road linking Marian Cwm to Cwm, near Dyserth, when all found of his tyres were damaged by a pothole.

Mike claims he had reported potholes on the stretch just days earlier and that the total cost of the damage was around £2,300.

Mike, who works as a commercial manager for an insurance firm, claims he had the cause of the tyre damage confirmed by a Rhyl mechanic.

However, the council’s insurance company have refused to pay out, stating they cannot claim liability for the damage.

Potholes

Mike said: “I’ve reported potholes for three years.

“I and other residents have made several complaints about this poor standard of road and the risk of damage.

“In Marian Cwm, we have some of the worst roads in Wales.

“They are constantly flooded or damaged with pot-holes and carriageway structural issues.

“Constant requests to get the roads fit for purpose are often ignored.

“At best, patched. We have complained for five years to get the road from Marian Cwm to Cwm resurfaced, but false-economy patching is the only result.

Mike said drivers had “no option but to use these roads to get to work or the shops”.

He added: “I followed the process, fulfilled the requirements, and provided photos.

“Marian Cwm pays a large amount of council tax for little if no service beyond refuse collection.”

Insurance

The council’s insurers, Zurich Insurance Group, said in a letter to Mike that the company was “satisfied that our customer has a reasonable system in place for inspection, maintenance, and repair”.

Zurich said the first report of the pothole was received on February 12, and the target date for repairs was February 26.

They said repairs were completed on time on February 19 – three days after Mike claims he had his second incident.

The company said in the letter: “The highway concerned is also inspected six-monthly.

“The last inspection before the incident you told us about was on 13/11/2023 when the defect was not found or considered to be dangerous at that time.

“As we don’t believe our customer is at fault, we’re sorry, but we can’t accept liability for what happened.

“Unfortunately, this means we can’t offer you any compensation.”

A spokesperson for Denbighshire County Council said: “Unfortunately we are unable to comment on individual legal insurance claim processes.”