A BMW driver is suing Fife Council over a £2,500 pothole damage claim.
Steven Clinton has accused the local authority of a “scandalous” waste of taxpayers’ money by paying expensive lawyers to fight the bill in court.
He claims his three-year-old car was extensively damaged after he hit the “unavoidable” pothole on March 11.
His tyres “exploded” and alloys were damaged when the bottom of the vehicle struck the ground.
And he had to shell out a four-figure sum on repairs at a specialist BMW garage.
The incident happened on the A911 Lochgelly to Auchmuirbridge road.
Steven says the pothole was the same depth as an Irn Bru can but Fife Council is refusing to accept liability.
He added: “Fife Council has decided they would rather spend taxpayers’ money to fight me than fix the road or pay for the damage that’s been done.
“The cost of the lawyer probably exceeds the value of the claim I’m making.”
‘The pothole was unavoidable’
Steven is an Edinburgh-based IT specialist but also works as a gliding instructor at Portmoak Airfield at weekends.
He was travelling there in the dark when disaster struck.
“I was going at about 50mph in a 60mph zone and pulled out to overtake a slower vehicle,” he said.
“The pothole was unavoidable. It went from the edge of the road to the middle of the lane.
“My tyres basically exploded and the pressure went to nothing.
“The alloy wheels were completely distorted and there was bodywork damage.
“I went back to look at the pothole when it was filled with water. It was as deep as an Irn Bru can.”
‘Waste of taxpayers’ money’
Steven lodged a £2,500 claim for damage with the council but they refused to pay out.
“They rejected it, saying the road was fine when they looked in February,” he said.
“I’m now taking it to court and the council has hired a litigation lawyer to defend them. They cost an average of £200 an hour.
“It’s an absolute scandal and a waste of taxpayers’ money.
“They shouldn’t be getting away with spending money like this.”
Council settled 3% of compensation claims in a year
Steven’s case will call at Dunfermline Sheriff Court, although no date has been set yet.
His situation is far from isolated.
The AA last year branded Fife the pothole capital of Scotland, despite a £10 million investment in the region’s roads.
And Fife Council received 216 compensation claims for pothole damage between December 2021 and November 2022.
However, it paid out in only seven of the cases – a success rate of 3.2%.
And in 2020, the authority spent £1,835 on legal fees to fight a compensation claim of just £890.
Fife Council will defend pothole claim ‘if no evidence we’re legally liable’
Clare Whyte, the council’s risk management team leader, said all claims were assessed on their own merit.
She said compensation would be offered if a claimant could show the council had been negligent or breached a statutory duty.
“If the available information shows that the council isn’t at fault, the claim will be turned down,” she said.
“While we always try to reach agreement with claimants, this isn’t always possible and in those situations the court will decide.
“Where this happens, we’ll always seek legal advice and defend the case if there’s no evidence we’re legally liable to pay compensation.
“We can’t comment on any specific case when it is still before the court.”
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