Pothole and claiming compensation...

cusimar9

Has anyone tried to claim compensation from the council after hitting a pothole?

I recently came off my bike and got some fairly serious injuries. Got in touch with the council, whose solicitors wrote back to me and said "Sod off"

I'm now considering filing a small claim for damages, and I would love some advice if anyone has any.

woody-som

I know it has been done by people who damaged a car wheel, but not cyclists. I've reported pot holes, and stated that if they are not filled in and any damage caused by hitting them when cycling thet i will be claiming for. The holes usually get filled in fairly quickly.

As far as I know, but don't hold me to this, but you have to report the hole, then they have a couple of weeks to fill it in, after which the council can be held to account for negligence. If the hole hasn't been reported, than they can always say they didn't know it was there, as so couldn't fill it in.

Not much help if you happen to be riding in a new area, but why not find one of those so called solicitors that offer a free 30mins consultation and see what they say.

MattBlackBigBoysBMX

Woody is bang on the money.

ColinJ

You might be interested in reading this.

cusimar9

Thanks ColinJ, I spotted that

In my particular case, the pothole had previously been marked by the council, and the Neighbours say it had been marked for about a year...

MattBlackBigBoysBMX

cusimar9 wrote:

Thanks ColinJ, I spotted that

In my particular case, the pothole had previously been marked by the council, and the Neighbours say it had been marked for about a year...

If that is the case, get photos immediately, on a cheap disposable camera (non-digital, far less easy to alter) with a ruler for scale.
You should have a good case for compensation.

cusimar9

I'm on the case, the camera is in the shop getting developed

Does anyone know how long the council have to fix a pot hole once they know about it?

ColinJ

cusimar9 wrote:

I'm on the case, the camera is in the shop getting developed

Does anyone know how long the council have to fix a pot hole once they know about it?

I don't know the answer to that question, but when I emailed Rochdale council about a lethal pothole on a fast descent off a local hill (Blackstone Edge, above Littleborough) they took it very seriously indeed. They sent someone out to fill the hole the next day, and he sent me a photo of the filled hole and he even asked me if he'd filled the 'right one'!

It might have been the fact that I told them that details were also sent to the pothole register (details here) and reminded them that they would be liable for damages if somone was injured in an accident after they had been warned about the hole.

That pothole had remainded unfilled for nearly a year, so it is obviously worth doing what I did and reporting potholes before an accident occurs!

jamesdestin

If they knew about it and marked it and then didn't fix it within a reasonable time then they've got a problem. Solicitors will always give you the brush off. Take some photos of pothole, injuries and bike damage and get yourself a no-win no fee bike lawyer. I'm sure they advertise in C+.

cusimar9

The neighbours say it was marked for about a year (they're writing me statements to say so as we speak) but the council have sent me documents of all the records they have for that road.

Its quite interesting reading actually. There's an absolutely crystal clear record of the pothole I hit, dated almost 3 months before my accident. The report says "Priority: Cat 1 - three days". I don't suppose anyone knows what that means do they? I might assume that means that the pothole should have been filled within 3 days, but I might have got completely the wrong end of the stick.

Also the council 'claim' the pothole was 28mm deep and was not considered dangerous, but I have quite clear proof that it was more like 43mm deep. Not to mention that its on a downhill.

They've even sent me (incredibly) details of someone else who had an accident at the same place about 3 weeks after me. I'm not sure what I should do about that yet.

inaperfectworld

when i tried to claim the insurer said that the road had been inspected within the last 6 months and therefore there was no negligence. i didn't follow it up as there was no major bike damage and only some bruises. a solicitor told me this is the standard response to make you go away, so it looks like you have to fight if you think it is worth it. presumably ctc have advice?

mercurykev

The CTC also have a register site where you can map potholes. The address is http://www.fillthathole.org.uk/

cusimar9

inaperfectworld wrote:

when i tried to claim the insurer said that the road had been inspected within the last 6 months and therefore there was no negligence. i didn't follow it up as there was no major bike damage and only some bruises. a solicitor told me this is the standard response to make you go away, so it looks like you have to fight if you think it is worth it. presumably ctc have advice?

Well I had 17 stitches to my lip and chin, 3 broken teeth and severe concussion so I'll be chasing it as far as I can until I at least get my expenses covered.

inaperfectworld

cusimar9 sorry if you got the wrong impression; i was speaking in general terms, so i hope you didn't think i was suggesting your injuries were minor and not worth bothering about

mazza

i had an accident a while a go with defective manhole i had a trip to hospital and 14 stiches very close to my eye i tried to make claim and they told me sod off too as they had cheaked the road in previose 6 months so they had done there legal duty, buy the way my helmet was cracked open so i feel that it may have saved me from fatal accident

cusimar9

inaperfectworld wrote:

cusimar9 sorry if you got the wrong impression; i was speaking in general terms, so i hope you didn't think i was suggesting your injuries were minor and not worth bothering about

Oh no, no worries mate no offence taken

Well in my case they HAD checked the road every month, but there was a pot hole there that they were already aware about. So I guess we'll have to see what the deal is in that case. I spoke to a neighbour today who said he was considering putting in a claim because he drove over it and it broke the spring in his suspension, and punctured his tyre :shock:

notsoracy rich

Afew years ago I rode into a submerged pothole and came off breaking my wrist and collarbone.Leigh Day-the BCF solicitors eventually got me compensation.You might find you need to use a solicitor,as the councils solicitors W ILL treat you with contempt-thats their job, to avoid paying you any money.

If the pothole has been noted and not repaired for the time you say , they are liable.

Good luck,
Rich.

rampax

Hi
A couple of years back my wheel went down a iron grid that had the slots facing the wrong way. It wrecked my back wheel but I was uninjured.
I took photos of the grid, and the damage to the wheel and wrote a letter to Stockport MBC. Over the next couple of months I recieved several letters from them, and some external solicitor, without me having to do anything.
After a few months I was sent a check to cover the repairs.
Simple, all from one email.

Good luck.

jimmythecuckoo

I hit one in Huntingdonshire and it stoved my rim over into the tyre exploding the tube outwards and writing the wheel off. I just took it on the chin and paid for repair but I am seriously stewing as the drain cover is still only partially fitted.

passout

You need a decent lawyer - be prepared to pay for it & for a good deal of paperwork/hassle too.