POTHOLE: Motorist in dispute with Council over damage to his car

But Council highways bosses insist they will not pay out over the damages as the road was regularly inspected and the pothole had not previously been reported to them – despite its size.

Simon Bellerby has now vowed to take the authority to the small claims court over the repair bill for his Mercedes C-class vehicle.

He came across the 10-inch deep, 3ft by 2ft pothole, on the B6429 at Manywells Brow in Cullingworth in April.

In a letter to the Council’s insurers, he states that the pothole “was not visible as it had sunk in the road” and that the “impact caused the spring on the front passenger side of my car to snap”.

But the Council has warned: “Potholes can and do appear very quickly, especially when we have very wet or cold conditions. It is not possible to prevent them from forming nor is it realistic to expect them to be filled instantaneously."

The “very large” pothole on the B6429 at Manywells Brow in Cullingworth which appeared in April (Image: Simon Bellerby)

Mr Bellerby, of Denholme Gate in Bradford, told the Telegraph & Argus: “It was a ‘very large’ pothole and was also ‘unavoidable’ and ‘not easily visible’ – that’s how the Council describes it in a report.”

“But because I was the first person to report it – after it caused damage to my car – they won’t pay for the repairs.

“Apparently the road was last inspected in mid-January, which was within the three-month window for B-roads.

“What they seem to be doing in penalising the first person who reports it – the next driver who hit it after me wouldn’t be in this position as I had already reported it.”

He did admit that the Council came out quickly after he reported the pothole to put up cones, and cover it with a metal sheet, prior to it being repaired.

A Bradford Council spokesperson said that any reports of damage as a result of potholes are investigated by its highways team and referred to its insurers to ensure a consistent approach.

“We have a well-established regime of inspection and assessment and a recognised system of recording information about road and footway conditions. The frequency of the inspections are within the national guidelines and depend on the type of road and the amount of traffic that use them.

"All our inspectors are very experienced, highly trained and work to national regulations. Our inspectors and repair crews are out every weekday checking and filling in holes.”