Hit pot hole and fell off
Hit pot hole and fell off
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Discussion

StarmistBlue400

Original Poster:

3,087 posts

247 months

Sunday 25th November 2012
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A mate and I were out for a ride today. He was in front and I was close behind so didn't see a pot hole before it was too late. My front wheel went in and I went straight over landing on my head. The impact was massive and has cracked the helmet in several places. I have brushing to my head from the impact and all down the right side of my face.

I also have whiplash on my neck, shoulders and my jaw hurts. So, I feel like st and I'm just glad I had a good helmet on.

My mate took pictures of the hole and the size and depth of it (it was full of water)

The bike has come off well with minor damage but is it worth trying to claim something back from the council. It's made me really angry because it could have been a lot worth and I want it filled so it doesn't happen to someone else.

Anyone have experience of this?

kowalski655

15,216 posts

172 months

Sunday 25th November 2012
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Well the ads on the page go to a cycle claims expert,may be worth giving them a call.
There is also www.potholes.Co.uk
ETA Now its bloody Wonga ads,so YMMV smile

jackh707

2,132 posts

185 months

Sunday 25th November 2012
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I'd blame your mate wink on group rides it's standard practice to point out potholes and big bumps road debris.

StarmistBlue400

Original Poster:

3,087 posts

247 months

Sunday 25th November 2012
quotequote all
jackh707 said:
I'd blame your mate wink on group rides it's standard practice to point out potholes and big bumps road debris.
LOL. He feels quite bad and we both do that. I have a feeling he did but it was too late. However, it's just not right having one that deep on our roads. I'm going to take it up with the council. He needs filling

Markp13

422 posts

189 months

Sunday 25th November 2012
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Sorry to hear that but I fear you may struggle in any claim against the council as I think they have tightened things up a little. I failed drastically to get anything back when I buckled an alloy last year.

May be worth asking for the last report on that specific road from the roads department before you give them any details.

anonymous-user

83 months

Sunday 25th November 2012
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good you were wearing a helmet i still see a lot without, and having come off myself and knocking myself out if could have gone a lot worser.

MrsMiggins

2,867 posts

264 months

Sunday 25th November 2012
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Have a look at http://www.fillthathole.org.uk/ in case it's been reported before.

BadgerBenji

3,534 posts

247 months

Sunday 25th November 2012
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MrsMiggins said:
Have a look at http://www.fillthathole.org.uk/ in case it's been reported before.
Is that a work safe website?

Vocal Minority

8,582 posts

181 months

Sunday 25th November 2012
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:snigger:

Gumstabber

348 posts

218 months

Sunday 25th November 2012
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This happened to a friend early this year and she broke her collar bone. Council paid out fully.

Getragdogleg

10,215 posts

212 months

Sunday 25th November 2012
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I report any potholes I come across on the fixmystreet.com site, I always put in the description that they specifically pose a dangerous hazard to cyclists, it is amazing how fast they fix the holes once someone has put that in the description ! They sometimes even send an email/update to say what is happening and when.

My route to work is 100% better than it was and any new road damage gets reported as soon as I get home. They must hate me.

MrsMiggins

2,867 posts

264 months

Sunday 25th November 2012
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Getragdogleg said:
I report any potholes I come across on the fixmystreet.com site, I always put in the description that they specifically pose a dangerous hazard to cyclists, it is amazing how fast they fix the holes once someone has put that in the description !
I've tried that, but Glasgow Council must be proud of the city's reputation for the worst roads in the UK because it makes sod-all difference. furious

Justin S

3,658 posts

290 months

Sunday 25th November 2012
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Crikey, helmet saves a cyslist from serious injuries. Never would have thought it possible !! Document everything and maybe research for advise on bcf website etc. Never every let the council fob you off. They will , time and time again and stand your ground. Voice of experience with a buckled alloy wheel , who gave in far too early.

Getragdogleg

10,215 posts

212 months

Sunday 25th November 2012
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MrsMiggins said:
Getragdogleg said:
I report any potholes I come across on the fixmystreet.com site, I always put in the description that they specifically pose a dangerous hazard to cyclists, it is amazing how fast they fix the holes once someone has put that in the description !
I've tried that, but Glasgow Council must be proud of the city's reputation for the worst roads in the UK because it makes sod-all difference. furious
Thing is, if I report it and they don't fix the problem and someone has an accident then they are liable. If they are not reported it is harder to get anything out of them.

I hate Cornwall Council so I like to make them work and do what they are supposed to.


MrsMiggins

2,867 posts

264 months

Sunday 25th November 2012
quotequote all
Getragdogleg said:
Thing is, if I report it and they don't fix the problem and someone has an accident then they are liable. If they are not reported it is harder to get anything out of them.

I hate Cornwall Council so I like to make them work and do what they are supposed to.
Oh don't get me wrong, I report potholes regularly, but if I reported every one I encounter each day I'd never do anything else! I'm not convinced it's as simple as "they know about it so they're liable" either. I'd imagine they have a responsibility to repair once they know about it, but they'll have some time to do so.

And how does the accident victim know that it was reported anyway? Sites like fillthathole and fixmystreet give an indication that they know, but what about stuff reported directly to the council? (Not that I'm suggesting that they'd deny being notified previously...)

Fastpedeller

4,349 posts

175 months

Sunday 25th November 2012
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I wish you luck - unfortunately you may need plenty!
From my own bitter experience, the council will deny responsibility in various ways:
1. We regularly checked that road
2. Nobody reported it to us
3. It wasn't serious enough to cause damage

Yes, none of the above seem credible excuses to me either! Number 2 shouldn't be required if they are doing their job. Number 1 - So why didn't you see it?, and if you say that they bleat that 'the holes can appear very quickly', so by my reckoning the roads should be inspected more frequently. Number 3 It caused the damage, so it was serious enough.
Having had a similar experience 6 yrs ago, my solicitor asked the Council for their most regular report (after they'd said they had inspected the road 2 days before I fell), they also sent me a full county report for the year (amounting to some 100 pages to cloud the issue). The response he received was they had inspected the road on the date, but there was no report as there were no defects.
I suggested this was Bcensored, to which the solicitor agreed, but said if I took it to court the council's verbal statement would be relied on by the judge.
As an aside, my sister's car (1 week old) suffered in a pot hole (in the dark/wet) to the extent of a new alloy and tyre c£300 from dealer. Council had white marked the hole, but still denied responsibility. Had similar response from a different solicitor.
Unfortunately they have the upper hand (OUR CASH to defend them). I've had several battles with them, if they don't fill a hole within a time which I consider to be reasonable, I send the head of the council an email challenging him to meet me for a bike ride, and ride his bike over said road - this invitation is always declined, but the hole gets fixedlaughthumbup

LeeMad

1,098 posts

182 months

Sunday 25th November 2012
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a friend of mine had a similar accident and is currently claiming through a standard no win no fee solicitor, the claims been ongoing for over a year with barely any progress

Simond S

4,519 posts

306 months

Monday 26th November 2012
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Deal with the council highways department. I had similar this year and they paid up fairly promptly.

There are set guidelines to the size and location of a pothole, when it was first reported and the amount of time allowed before being fixed. If they havent completed the works then you can make a claim.

I have most of the info here if you need it, but dont waste your time with a no win no fear shark.

All they do is make money from your misery and inflate the cost of the claim to the council.

anonymous-user

83 months

Monday 26th November 2012
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Simond S said:
Deal with the council highways department. I had similar this year and they paid up fairly promptly.

There are set guidelines to the size and location of a pothole, when it was first reported and the amount of time allowed before being fixed. If they havent completed the works then you can make a claim.

I have most of the info here if you need it, but dont waste your time with a no win no fear shark.

All they do is make money from your misery and inflate the cost of the claim to the council.
True. (Scum council highways officer here)

Kermit power

29,622 posts

242 months

Tuesday 27th November 2012
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Surely the council just have to point out that if you'd not been riding so close to the guy in front, you would've seen the pothole and avoided the crash, thus making the accident your fault and not their responsibility?