Bad Crash

Captain Nemo

Whipping along quite nicely to work last week, coming up to a roundabout so keeping my eye on the traffic and bam! Front wheel hits an unseen pothole. I flew through the air like superman and crashed into the kerb, then slid along it using my side of my chest as surf board and my arm and leg as brakes. Nothing broken thankfully, but i busted my shoulder pretty bad and got some VERY painful gashes in various places. :evil:

Anyway, I'm going into my second week off work now and I'm going to lose money as I had time off work previously this year with illness. Anyone had any experience of getting damages (such as the loss of earnings) from whoever is responsible for the maintenance of roads?

downfader

Start with a formal email to let them know immediately what has happened, telling them you're following it up with a formal written letter.

With this letter:
1. include photos of the pothole
2. photos of any damage to clothing and bike
3. injuries you have suffered, perhaps a doctors note, etc
4. in the letter state the date, time, any witnesses, the events and how they unfolded
5. If the bike IS damaged include receipts for any repairs and parts.

I was going to write 2 letters myself after 2 major problems as a result of road maintenance (first was slipping on a sheet of ice on the 21st December - towards oncoming traffic. Only my foot getting stuck in a pothole actually stopped me. The second was hitting a pothole this year and my frame snapping as a result - nowhere to go to avoid it as I was pinned in by traffic). In the end I was talked out of it by family and friends. A mistake I now regret :roll:

fezzyboy

I have had two wheel sets at £60 a pop after hitting potholes and writing to complain.

I think It varies from council to council but generaly it's the insurance section who deal. First off it's the highways dept you need to contact for the local council. Get a record of the "fault report reference number" and then it's a good idea to monitor how long the repair takes (if at all). This helps prove (or not) the response time scales possibly helping to prove negligence (see later).

All as stated above, letter photo's etc, estimates or receipts. Visit to Dr or casualty is essential in order that injuries are documented by a medical professional. Injury claims are calculated on a scale which sets general amounts for certain injuries. loss of overtime is a calculable figure

My understanding is that if it was unforeseen that the road would be dangerous or the condition was unsuitable (ie a recent spilled load) there may be no fault on the part of the council, However if the condition is clearly a result of poor or ineffective maintainance then they are generaly liable although rarely admit anything, but pay up "without prejudice".

Hope that helps !!!

spen666

Captain Nemo wrote:

Whipping along quite nicely to work last week, coming up to a roundabout so keeping my eye on the traffic and bam! Front wheel hits an unseen pothole. I flew through the air like superman and crashed into the kerb, then slid along it using my side of my chest as surf board and my arm and leg as brakes. Nothing broken thankfully, but i busted my shoulder pretty bad and got some VERY painful gashes in various places. :evil:

Anyway, I'm going into my second week off work now and I'm going to lose money as I had time off work previously this year with illness. Anyone had any experience of getting damages (such as the loss of earnings) from whoever is responsible for the maintenance of roads?

Start by instructing solicitors -try Bikeline or Russel Jones & Walker

You do not possess the knowledge and skills to deal with a personal injury claim on your own

ChrisLS

...agree with Spen666...I had a very bad accident when my front wheel became stuck between plates on a level crossing. Russell, Jones and Walker handled things for me


"You do not possess the knowledge and skills to deal with a personal injury claim on your own"

Spen666 is absolutely correct on this point...

meanwhile

What Spen said, but take a photo of the hole asap, with a ruler in it for scale, using a torch to get relief, etc. Lots of photos. Ideally take a witness and get him/her to sign as to their accuracy. You don't want to risk the bugger being filled in.

spen666

meanwhile wrote:

What Spen said, but take a photo of the hole asap, with a ruler in it for scale, using a torch to get relief, etc. Lots of photos. Ideally take a witness and get him/her to sign as to their accuracy. You don't want to risk the bugger being filled in.

I concur with this

DO NOT attempt to swettle claim without proper legal advice- use solicitors though, not claims handlers.

the 2 organisations I refer to will handle claims on no win no fee basis AND are experts in cycling claims