Can I sew the council after accident today?
flyer
Posts: 608
I was riding through town and when I turned off the road onto a part where cars park, my front wheel went in between the gaps in a drain and over the handle bars I went !
I got away with cuts etc, however my handle bars are bent along with the from wheel and hoods etc. I guess the cost will be around £500. Bike cost £2500 and is almost new!
Carbon handles @ £200, wheel at £200 and damage to hood etc
Whilst I apprciate I should of perhaps avoided the drain, a car pulled out and I needed to take some evasive action, most of the drains are of a H type and not \\\\\.
Do you think I could get anything from the council?
Cheers
Flyer
I got away with cuts etc, however my handle bars are bent along with the from wheel and hoods etc. I guess the cost will be around £500. Bike cost £2500 and is almost new!
Carbon handles @ £200, wheel at £200 and damage to hood etc
Whilst I apprciate I should of perhaps avoided the drain, a car pulled out and I needed to take some evasive action, most of the drains are of a H type and not \\\\\.
Do you think I could get anything from the council?
Cheers
Flyer
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Dont think you would have much of a case.0
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Errr. nope. You need to watch where you are going!
Why would you want to stick a needle and thread through the coucil anyhoo!0 -
if you were american you could have hit the jackpot - http://www.seattlepi.com/transportation ... ins14.html0
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see a no win no fee lawyer with a free consultation
photograph the offending drain and take photo with you0 -
Yes - you will get two things from the council: scorn and ridicule. At least YOU are OK, even if you're bike isn't.0
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You rode into a drain and you expect us to pay for the damage through our taxes? Tell me this is a windup.
If the drain cover wasn't there because council workmen had removed it, or if there's something you've not mentioned that somehow made it an unsafe drain cover because the council have been negligent, then yes ... you may have a case. If that's not the case, then you're just going to have to write off the thousands of pounds worth of damage as bad luck and not looking where you were going!Get a bicycle. You will not regret it, if you live."
<i>Mark Twain</i>0 -
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You'll never get any money out of the council since you cycled in to te drain. Sorry mate but you can probably get better bars for under 200 quid
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the council in our area had to change the direction of the slots because 20 years ago someone sued and won. if the slots are parallel with the kerb then i believe they are to blame as a risk assessment should have picked this up. if they are perpendicular then i don't think you would have case as long as the council has risk assessments. like a post above said," where there's blame there's a claim" solicitor is worth a call, there usually freeCotic Soul rider.0
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Sew or Sue? Until you can get the very basic terminology correct, I wouldn't worry about trying to stitch together a legal case for this one. Seriously... :roll:0
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You even raised a chuckle out of my Mrs there, GavH!0
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scottgeniusltd2005 wrote:the council in our area had to change the direction of the slots because 20 years ago someone sued and won. if the slots are parallel with the kerb then i believe they are to blame as a risk assessment should have picked this up. if they are perpendicular then i don't think you would have case as long as the council has risk assessments. like a post above said," where there's blame there's a claim" solicitor is worth a call, there usually free
just took a quick look at BS EN 124:1994 and my understanding of the regulation regarding slot size for group 3 covers (those extending less than 500mm into the road) is as follows
For slots running 0° to < 45° and from > 135° to 180°, slot width must be 16 to 32mm and less than or equal to 170mm in length.
For slots running 45°to 135°, slot width must be 16 to 42mm with no limitation on length.
Personally i think these sound pretty nasty for the cyclist!0 -
GavH wrote:Sew or Sue? Until you can get the very basic terminology correct, I wouldn't worry about trying to stitch together a legal case for this one. Seriously... :roll:
spelling police tossers
who needs to spell to sue? a lawyer will do your spelling for you...i dare say you have paid a fortune in taxes so have some back from the wasters who dont give a sh-te about cyclists0 -
What ever happened to "Whoops! Should have seen where I was going!" ?
Part of the reason things are getting ridiculous, no-one wants to take responsibility for their actions...0 -
flyer wrote:I was riding through town and when I turned off the road onto a part where cars park, my front wheel went in between the gaps in a drain and over the handle bars I went !
I got away with cuts etc, however my handle bars are bent along with the from wheel and hoods etc. I guess the cost will be around £500. Bike cost £2500 and is almost new!
Carbon handles @ £200, wheel at £200 and damage to hood etc
Whilst I apprciate I should of perhaps avoided the drain, a car pulled out and I needed to take some evasive action, most of the drains are of a H type and not \\\\\.
Do you think I could get anything from the council?
Cheers
Flyer
Surely a responsible citizen is insured and can claim against their insurance, who will take care of taking the case to the council to recoup their costs.0 -
Furthermore, if a car came out in front of you and you needed to avoid it, it would be classed as a road traffic collision and the claim would be from the vehicle insurance not from the council...0
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Gosh.
I remember the local CTC having a campaign back in the 1970s on replacement of drains with parallel slots to the kerb, which are obviously very dangerous to cyclists.
The Highway authority under Section 41of the Highways Act 1980- have a Duty to maintain highways at public expense.
Failure to fulfil the Section 41 duty leaves the highway authority vulnerable to highway liability claims from members of the public etc. alleging a failure to maintain which can be linked to the cause and/or severity of the accident and/or any resulting injuries or loss.
Without knowing more information, I wouldn't comment whether you have a case. However on the face of it seems you definitely have.
I would definitely seek legal advice, take photos of the drain and damage to cycle. Get written estimates to repair cycle. Don't suppose you had any witnesses? Their statements would also be useful.
Good luck, hope you are okay.0 -
NapoleonD wrote:What ever happened to "Whoops! Should have seen where I was going!" ?
Part of the reason things are getting ridiculous, no-one wants to take responsibility for their actions...
Like councils who fail to maintain the roads in a safe condition.
What do you think you pay your taxes for?0 -
doog442 wrote:
spelling police tossers
who needs to spell to sue?
Me. It's my nameblog: bellevedere0 -
Cant see you have a case ? The slotswerent running parallel to traffic on the main road were they ? And bars are consumables anyway ?0
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Justpush wrote:NapoleonD wrote:What ever happened to "Whoops! Should have seen where I was going!" ?
Part of the reason things are getting ridiculous, no-one wants to take responsibility for their actions...
Like councils who fail to maintain the roads in a safe condition.What do you think you pay your taxes for?
How do you know they weren't maintained in a safe condition? Are you saying that all trees within a 15 metre radius of roads need to be removed too, just in case someone doesn't watch where they are going and crashed in to one?
If it was an actual fault with the drain cover then fair enough
If it was me I'd just put it down to experience and crack on with my life. If it was caused by driver error of the car, however, then may be I would pursue it...
I don't pay my taxes to give people who don't watch where they are going compensation...0 -
I'm also a numpty who doesn't know how to ride, can I get some free money too?0
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Why is a beginner riding round on a 2.5k bike anyway ? Start off with something cheaper so its less of an impact on your wallet when you do come off it.0
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Hey thanks for all the comments.
Cougie, do you have to be cycling for 20 years or so to be able to buy an expensive bike.....I don't thinks so!
Anyway I have done over 10,000 milse in last 3 years and this is the first accident.
I use the beginners forum because I dont do cycling for nothing other than keeping fit!
My main point is "anyone" riding with slim wheels onto this road surface will get their wheel stuck.
Anyway for those who have made constructive opinions, many thanks
Flyer0 -
'all the gear and no idea'0
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I'm sorry I can't feel sorry for you, watch where you are going, don't ride an expensive bike if you are not willing to take the hit of a repair/replacement bill and learn how to spell and punctuate.
Bade speling reeely getts on mye wicke.
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Bit unfair, that comment. It isn't always possible to avoid metalworks on the road as your line can be dictated by the actions of others, as was the case in the OP. I would certainly approach the council with a view to recovering costs, cycles are legally allowed on the roads - and indeed encouraged - so there shouldn't be the two wheeled equivalent of a tank trap in your path.cougie wrote:'all the gear and no idea'0 -
Clearly you CAN spend over 2k on a bike if you are a beginner.
Is this the most sensible option considering you are just using it for a bit of exercise ? No.
You could have spent about 2k less and the bike you would have got would be 90% as good.
Or you could have bought a hybrid bike - which I think may be more use to you as you were asking about replacing your carbon drops with flat bars on the other thread.
Also you could fit slightly wider tyres to it, so you'd not fall down grids in future !0 -
dmclite wrote:I'm sorry I can't feel sorry for you, watch where you are going, don't ride an expensive bike if you are not willing to take the hit of a repair/replacement bill and learn how to spell and punctuate.
Bade speling reeely getts on mye wicke.
This is where I have to say something.
So if someone is forced into the drain and comes off the bike ( like me as I work for myself )
and has to have time off, plus could come off in front of a car.
Its just tough sh1t when something could and should be done about it, please tell me you lot are joking.
If a hole in the road a problem is it not the fault of the council?
As for spelling.
As a dyslexic, you might guess that spelling is not what I might be best at ( lucky I have spell check on firefox ) but still get it wrong sometimes if I dont look before posting.
Glad you are so good at it that you dont have to think about it.
Lifes to short :roll:0
