Claim?

Author
Discussion

Ubiquitous2024

Original Poster:

187 posts

4 months

Saturday 31st August
quotequote all
Would you claim if you fell off your bike on your own due to poor road surface? I had a nasty crash and returned to the location to find a hump / ridge in the road whilst staying away. I didn't think about claiming but my friends are suggesting I should. I don't think I have anything to claim for though.

I have some pretty severe skin injuries as I slid sideways down the road at around 25mph and cracked my helmet, blacked out temporarily at the roadside in the middle of nowhere in Hertfordshire. I did call for an ambulance but none to send so had to hobble a mile to a pub and seek help / collection there. Cue nasty injuries down my entire left side however not had x rays as don't want to waste NHS time or queue for hours, My partner is a doctor so dealt with the bandages and road rash themselves. Bike is being repaired, needs bartape / shifters and a derailleur. My helmet is cracked in 3 places and dented on top.

To my mind I have had a non-reportable accident, where no ambulance attended, with no witnesses. However I do have witnesses in the form of those that assisted me after the event (a local who's door I knocked on, pub staff, my accommodation manager and my partner).

I have legal cover so may make some phone calls to gauge viability next week but interested in your views. Personally my view is suck it up and move on.

Pando99

118 posts

67 months

Saturday 31st August
quotequote all
Forget about it move on

Could you prove you weren't driving negligently if challenged ?

Was your speed appropriate etc

I presume not

trails

4,428 posts

157 months

Saturday 31st August
quotequote all
Pando99 said:
Forget about it move on

Could you prove you weren't driving negligently if challenged ?

Was your speed appropriate etc

I presume not
Driving...at least read the post before replying rolleyes

trails

4,428 posts

157 months

Saturday 31st August
quotequote all
Ubiquitous2024 said:
Would you claim if you fell off your bike on your own due to poor road surface? I had a nasty crash and returned to the location to find a hump / ridge in the road whilst staying away. I didn't think about claiming but my friends are suggesting I should. I don't think I have anything to claim for though.

I have some pretty severe skin injuries as I slid sideways down the road at around 25mph and cracked my helmet, blacked out temporarily at the roadside in the middle of nowhere in Hertfordshire. I did call for an ambulance but none to send so had to hobble a mile to a pub and seek help / collection there. Cue nasty injuries down my entire left side however not had x rays as don't want to waste NHS time or queue for hours, My partner is a doctor so dealt with the bandages and road rash themselves. Bike is being repaired, needs bartape / shifters and a derailleur. My helmet is cracked in 3 places and dented on top.

To my mind I have had a non-reportable accident, where no ambulance attended, with no witnesses. However I do have witnesses in the form of those that assisted me after the event (a local who's door I knocked on, pub staff, my accommodation manager and my partner).

I have legal cover so may make some phone calls to gauge viability next week but interested in your views. Personally my view is suck it up and move on.
Chalk it up to experience I'd say. Hope you heal up quick.

Ubiquitous2024

Original Poster:

187 posts

4 months

Saturday 31st August
quotequote all
Yes my thoughts too, thanks

bobbo89

5,578 posts

153 months

Saturday 31st August
quotequote all
I'd need to see a picture of what had you off, this is very much my world and an area I know a lot about but from what you've said it sounds like the general road surface has had you off rather than something that could be described as an 'actionable defect'.

The claim process for something like this, if you can find a solicitor to take it on, would likely see you in court and that aint fun. Councils won't just bend and pay money for fear of a day in court these days...

Ubiquitous2024

Original Poster:

187 posts

4 months

Saturday 31st August
quotequote all
Tried to post but forum won't let me. It's on Google maps, Brookfield Lane, Aston. Just outside the only house on the road down from the Pig and Whistle pub. Looks like nothing on maps but as always images dint show it properly. I was found my another cyclist who said the area was renowned for it, not sure what he meant exactly bit seems I'm.not the first.

I'm still bleeding now 3 days later in 4 separate areas. My wounds are the worst I've ever had and I'm nearly 50.

Actual

1,047 posts

114 months

Saturday 31st August
quotequote all
Your county council website likely has a page to report typically tyre damage but also all manner of road issues and incidents.

Some councils use https://www.fixmystreet.com

The council will acknowledge immediately and then pass it to their lawyers who will sit on it for 6 months before declaring that they inspected the area within the previous 3 months and hence were not negligent and are not liable.

bobbo89

5,578 posts

153 months

Sunday 1st September
quotequote all
https://www.google.com/maps/@51.8914091,-0.1461313...

Guessing this is the area in question? If so it looks like the carriageway surface has lifted, likely due to a root of that big old tree right next to it.

Suspect it basically had the effect of unexpectedly hitting a speed bump at speed which on a fully rigid roadie aint going to be fun.


Ubiquitous2024

Original Poster:

187 posts

4 months

Sunday 1st September
quotequote all
Hi yes it is that. In the images on maps it looks non-existent, I have taken a picture from above it in sunlight which shows it better. I was going downhill, literally have no idea what happened. I am still oozing now after 4 days and just back from hospital this minute. No breaks, but large swelling and 4 large burns.

I can't see any viable claim but do have legal insurance so will at least discuss it with them. My bike was fixed for £45 and I found a Kask helmet replacement on offer fro Sigma for £39 (!). Hence I am really not feeling it worthwhile.

Ubiquitous2024

Original Poster:

187 posts

4 months

Sunday 1st September
quotequote all
You can see my upload by adding the usual h t t p s : / / imgur.com/a/HldFvh9

bobbo89

5,578 posts

153 months

Sunday 1st September
quotequote all
Yeah that's a root that's lifted the c/w surface. Actionable defect and whether it'd be worth pursuing a claim?

Unless you want to chase some compo I wouldn't bother. No witnesses and as you say, you've no idea what happened, how can you be sure that it was that caused you to come off....?

Robertb

2,122 posts

246 months

Sunday 1st September
quotequote all
Complain to the council at the very least to try and get it sorted. Can you revisit the site and see what caused you to fall?

If a road imperfection is bad enough to have you off the bike then it might well happen again. Your injuries were bad, but could easily have been worse, life changing or even fatal. The next cyclist might be less fortunate.


Tindersticks

1,347 posts

8 months

Sunday 1st September
quotequote all
Is there a reason you didn’t see it?

Ubiquitous2024

Original Poster:

187 posts

4 months

Sunday 1st September
quotequote all
I don't expect the council to be looking at these roads to be honest, so I feel compo is a bit much. I kind of feel it is natures fault, have seen far worse roads in the UK countryside.

I did revisit the site which is where my pics were taken from. I remember the bike being thrown up, and I skidded down the road at exactly that point (past the driveway) so it is 99.9% certain the cause. I tend to be fairly progressive, I would have been going down there around 22mph - 24mph I estimate. I have tried to be really objective in thinking about the case. I know a vehicle wasn't involved as I saw both ways were clear before and after. I considered impact with a bird into helmet but unlikely. Can't be certain I wasn't one handed having just put my bottle back in the cage however all of these bits were intact so unlikely. The hump is angled, I believe it threw the wheel out and made it land awkwardly, bringing me down. I ride a lot and am not an over reacter of any sort, my handling is good, I have saved plenty of adverse movements on a bike before. This is my 3rd off in around 60'000 miles on the road, one being my fault, the second being me being crashed into from behind on a club run, this the third.

I didn't see it, and can't say for why. Bright sun, and the approaching tree cover shade didn't help. This is what it looked like a few paces back when I would have been approaching it.... you will need to remove the gaps though. I will post my injuries the same way beneath if that link works

h t t p s : //imgur.com/a/a8MsdWo

Tindersticks

1,347 posts

8 months

Sunday 1st September
quotequote all
If I had to guess I’d say you did have a hand off the bars. Easy enough to do and be caught out. That bump doesn’t look particularly significant to me and I’d expect an experienced rider to deal with that fairly easily.

Ubiquitous2024

Original Poster:

187 posts

4 months

Sunday 1st September
quotequote all
Some quick copy and paste onto a blank document, best I can do I am afraid

h t t p s : / / imgur.com/a/3gp6mE8

bobbo89

5,578 posts

153 months

Sunday 1st September
quotequote all
Ubiquitous2024 said:
I don't expect the council to be looking at these roads to be honest, so I feel compo is a bit much. I kind of feel it is natures fault, have seen far worse roads in the UK countryside.
They HAVE to look at these roads, it's their job as they have a duty of care to ensure the highway is safe.

A section of carriageway like this I'd assume is inspected around every 3-6 months. Different councils have different inspection frequencies but this will have been inspected a number of months ago.

Typically all A roads, bus routes and roads around schools are inspected monthly. Everything else that isn't a residential cul-de-sac will be inspected around every 3-6 months. Your residential cul-de-sac will be inspected once a year.

You could have a legit claim on your hands, I've seen street view images used in court before and the one I posted is from two years ago and clearly shows some sort of damage to the carriageway surface. Tree roots grow, damage gets worse...

Your shout depending on how aggreived you are about it. End of the day though when you claim against a local authority it's essentially the tax payer footing the bill...






Ubiquitous2024

Original Poster:

187 posts

4 months

Monday 2nd September
quotequote all
Yeah, thanks. I have this morning spoken to my legal cover group and gone through it all. They will assess and get back to me. See what you are saying re the road needing to be inspected at set intervals. Ultimately it has also damaged my bike,ripped my clothing and ruined my holiday. Currently I am also unable to get into work too. Will see what they come back with, not going to influence or push them into anything.

Actual

1,047 posts

114 months

Monday 2nd September
quotequote all
If people don't the claim compo that they are entitled to then there is no incentive for the council to maintain the roads in the first place.

Give it 6 months and the council with simply declare that they are not liable.