Anstruther driver claims Fife Council uses stalling tactics to limit pothole payouts
An angry motorist has criticised Fife Council after enduring an 11-month fight for compensation for damage caused to his car by a large pothole.
- By Aileen Robertson
- Published in the Courier : 05.01.12
- Published online : 05.01.12 @ 01.08pm
Gordon McFarlane, of Anstruther, is still trying to persuade the local authority to cough up the £2,762 he feels he is due following the incident on February 8.
The 73-year-old spoke out after it was revealed (link) the council had to pay £6,262 in compensation in 2010/11, up from £5,390 the previous year.
In total, the compensation paid out by Fife Council over the last five years was just £15,411 — one of the lowest amounts paid by any Scottish local authority.
Fife is the third biggest council in Scotland, behind Edinburgh and Glasgow. Glasgow paid out £355,530 and Edinburgh paid £188,331 during the same period.
Mr McFarlane, who has involved Councillor Elizabeth Riches, was not surprised by the comparatively low figure, given the ''stalling tactics'' he has endured and accused the council of continually moving the goalposts.
''The reason their payments are so small is they don't want to pay,'' he said. ''I've been in dispute with them over the damage they did to my car and four others since February.
''The damage to my car was to two alloys and two tyres, which my insurance company put at £2,762.68. I had to pay the first £350 and my premiums have gone up as a result. I'm 73 and I can't afford to subsidise Fife.''
The damage was caused as Mr McFarlane drove along the B913 from Anstruther to St Andrews at around 6.30pm.
Within an hour, his and four other vehicles went down the same huge hole in the road and suffered various degrees of damage. He reported it to the council the next day and was told nobody else had complained — a claim disputed by Mr McFarlane.
He then went back to the scene only to find it had been filled in.
''At first I was told an inspector had reported it on the 8th as a B-class pothole, which means it didn't need to be fixed for five days. I disputed that, given the damage to my car, and in October I went to freedom of information and I got a letter from the council's legal people saying another inspector had gone out that evening and upgraded it to an A-class — something they had denied all along.
''Their tactics seem to be to keep delaying so people will get fed up and give up.''
Mrs Riches said it would be wrong to comment on Mr McFarlane's individual case.
However, she added: ''I know it's a very difficult, time-consuming and frustrating business trying to claim, yet the council has to treat each claim that comes in and deal with it.
''I've helped lots of people and it does seem the council is doing everything to avoid paying but if they are guilty they must pay out.''
Mrs Riches added that the council was trying harder to repair potholes quickly but stated: ''Having said that, I've been driving about today and I'm about to phone with a list of potholes.''
01.47pm - 05.01.2012 Stevi - Winnipeg, Manitoba, Canada, Canada Report This
Here in Manitoba Canada the government will not pay for this type of damage. Their view is that the motorist is at fault for not seeing the pothole & avoiding it. With the state of our roads (extreme cold causes road heaving) it would bankrupt our government if they had to pay this type of claim.
05.16pm - 05.01.2012 John Jones - Dundee, Scotland Report This
On the figures quoted, roughly an annual compensation bill of just £6,000, the council looks like it has worked out, correctly but cynically, that settling the occasional claim is far cheaper than maintaining the roads properly. Unless this financial calculation changes, expect more of the same.
08.34pm - 05.01.2012 James - Fife, UK Report This
It is the drivers responsibility to drive within the road conditions, Take responsibility for your error, Fife council weren't driving the car.
11.07am - 06.01.2012 John Brook - Windygates, Scotland Report This
Re the cost of the repairs to the vehicle I think there must be a dispute on these. I can buy 4 tyres and wheels for £400.00 This is far short of the £2762 Perhaps a more realistic claim would have been settled quicker. I know as I am a mechanic.
03.46pm - 06.01.2012 Flat broke Fifer - Glenrothes, Scotland Report This
In Fife I have has 2 springs snap at same time going over a speedbump than was more pothole than bump. I have also had a tyre pulled off a rim, it was either drive through the pot hole which in the rain I spotted at last minute, or swerve into oncomming bus. The roads are a disgrace this year.
03.32pm - 07.01.2012 Eve - Ladybank, Scotland Report This
Slow down and look where you are going. What a blame culture we live in!
03.59pm - 12.01.2012 Flat broke Fifer - Glenrothes, Scotland Report This
Eve are you suggesting that driving along a 40mph designated road at 35mph wasn't looking where I was going! Roads should be well kept, not pot holed nightmares waiting to claim a life. I know I pay my dues in Road Tax, on 2 cars, I expect roads that are in the least not knackered and rutted.
04.55pm - 14.01.2012 Marco - Glenrothes, UK Report This
Road Tax is not collected by Fife (or any Council). I suggest you take your complaints to HM Government at Westminster.
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