A motorist has been left out of pocket after the council refused to compensate him for pothole damage to his car – and then repaired the road two weeks later.
Offshore worker Dean Morrison was driving along Leachkin Road in the Westercraigs area of Inverness earlier this year when he went over a pothole or collapsed drain while trying to avoid a crane travelling the other way.
The bump cracked his BMW’s rear passenger alloy, which cost £500 to repair.
He lodged a complaint with Highland Council and raised a claim for damages, which was unsuccessful.
Mr Morrison, who has previously complained about road conditions in Inverness, said: “The letter I received said they had inspected the road and they could see nothing wrong with it, so I was a little bit flabbergasted.
“Leachkin Road has never been upgraded or maintained, but the population has got bigger up there, so the road is in a horrendous condition.
“It’s like the wacky races having to weave and dodge the dips and bumps in the road, so that was part of my initial complaint, but I had also mentioned the collapsed drain as well.”
He had a follow-up call with a council roads officer, who told him he had personally visited the road and couldn’t see the issues, but that it was in line for resurfacing work in the future.
Mr Morrison claims the officer was “rude and insulting” to him.
Road repaired but dispute still ongoing
Unhappy with the call, Mr Morrison contacted Highland Council again to complain about the officer, which was dealt with to his satisfaction.
However, the authority said its decision to refuse his damages claim was final.
But after his next trip offshore, he discovered the pothole had been repaired.
This prompted him to raise an action through the small claims court
He was driven to taking action after arriving home from a trip offshore in May to discover the pothole had been repaired.
Mr Morrison is now awaiting a decision on his court action, and says that if successful, he will continue to raise action each time his car is damaged by the Highland Council’s roads.
“The council is given a set amount of time in which to reply to my court action,” he said. “If they do not reply, then I can apply to win the case by default.
“If the council does reply, then a judge will assess the evidence for and against and make a decision, without the need for either party to attend court.
“If I win the case, then I will happily take the council to court every time a road under their control causes damage to my car, as the simple procedure system is actually relatively straightforward and effective.”
Highland Council confirmed Leachkin Road had been earmarked for resurfacing in February at a cost of £27,000.
A spokeswoman added: “We cannot comment on an individual case and we refer members of the public to our fact sheet on potholes that is on our website.”
Conversation