Potholes and Bike Damage

jerryfudd
jerryfudd Posts: 343
edited December 2013 in Road general
Hi,

I know cars can claim against pothole damage but is it the same for bikes?

I was riding down a dark street late last night and didn't see what i assume was a pothole as the rear of the bike suddenly jolted down abrubtly and heard a big bang, i pulled over and bike seemed ok but there was little to no street lighting (Outer Circle by Regents Park) so assumed it must have been the bang of some road metalwork so cautiously carried on riding and was only when i gave the bike a through look over i noticed the frame had seriously cracked.

I'm yet to go back to examine what happened but with no bike its a bit of a trek on foot from where i work and now have no bike to commute there on but would go back and have a good a check over if i had any standing in getting re-embursed.

thanks,

Dan

Comments

  • Have fun trying to claim for a car or bike.

    I spent over 2 months claiming for 1 tyre on my car. They just kept saying no and take them to court and by the way you wont win.

    Im the end I had to give up unless I wanted to pay for solicitors.
    Trek 1.5 Road
    Haro MTB
  • DiscoBoy
    DiscoBoy Posts: 905
    Did the pot hole jump out at you? I suggest you invest in a better light.

    As the poster above says, making a claim is like getting blood out of a stone. You have to prove that the council have been negligent in their upkeep of the road.
    Red bikes are the fastest.
  • thanks, I thought as much.

    the cycle light is good but there was a few parked cars so was looking ahead at any doors opening or cars emerging from consealed side roads.... I just must have missed it, plus i ride the same route every day in the dark and hadnt come across it before either.

    Dan
  • Pretty sure the pothole has to have been logged somewhere (and subsequently ignored by the council) for you to have a claim. Basically they can't be held responsible for something they weren't aware of.

    There are various websites about where potholes are logged which you can check...I'd do a google and find out a bit more if I were you, you might have a claim (though it might take time and be a pain as already mentioned).

    Hopefully someone else will have more info
  • rpherts
    rpherts Posts: 207
    Potholes large enough to crack a frame don't appear overnight, it has probably been there years, so a good sign of negligence in my opinion.

    Some of them around these parts have been there for ten years. The council sometimes paints a line around them, which seems to be the limit of their responsibility.
  • was quite surprised myself, i say a pot hole but it was the only explanation i could think of as the bike definately dropped and impacted before the bang noise.... was just finding out if it was worth going back to take a better look and doesnt seem like it.
  • cougie
    cougie Posts: 22,512
    You cracked your frame on a pothole ? That sounds unlikely ? The tyre and wheel were fine - but the frame broke ?

    I don't think you'll have much chance I'm afraid. If you say you ride that road regularly then the council will say you would have been aware of any holes like that. And your lights should have picked it out anyway.
  • its a mountain but running road tyres... as its a on road issue thought id be better off asking on this side of the forums.
  • cougie
    cougie Posts: 22,512
    I cant even visualise what kind of pothole could break a mountain bike frame. Your wheel/tyres would have born the brunt of the impact. I think your frame was knackered and most of the impact was the frame giving way ?

    Any pics of it ?
  • I successfully claimed from Lancashire County Council for damage from hitting a huge pothole last year. This hole was obviously neglect, but they can be really picky and will find every way out they can.

    No Joke, the road damage was half the width of the left-hand lane and had a nasty centre hole with washed out stones etc that I hit.
    I had no way of avoiding it as it was hidden from site until it was on you - made worse by the fact it was down-hill, after a bend and right in a cycles path.

    According to the Landlord of the Pub I had to stop and wait for assistance at, the hole had been there for months getting progressively worse and was known about in the village and reported. (he then had a rant about the huge amount of council tax they pay, but how the roads around there are so bad and his bin collection is hit and miss :lol: )

    Busted up both wheels and ripped the tyres and tubes. Had to send photographic evidence of the hole and the damage + proof of repair / replacement costs from a LBS. Somehow I stayed on the bike so wasn't injured!

    I also used Google Earth to prove the damage was developing 3 years ago when they took the street view (The damage on the left-hand side across from the gate. No way near as bad as it had become in 2012)...
    https://www.google.co.uk/maps/preview#! ... !2e0&fid=5


    Needless to say a few months after my claim the whole section of road was dug-up and re-surfaced :roll: .
  • Sorry to hear about your bike, it just takes a second to look away and BANG....unlucky.
    The pothole must be reported first before you have any chance of a claim. The council then have 6 weeks to assess the damage and affect a repair. However in Scotland they now go out around the 6 week deadline and spray yellow paint around any pothole. This indicates that the pothole has been assessed and that the council are going to repair it as their schedule allows. I think this gives them even more time to repair it. In any case if they can prove that they have a good road maintenance plan and they've inspected the pothole your f****d.

    Good Luck though and be patient if you try to claim.
    There's warp speed - then there's Storck Speed
  • Pothole claims only tend to work if the council knew about the pothole and didn't repair it for a certain amount of time. They always seem to wiggle their way out of it. :evil:
  • keef66
    keef66 Posts: 13,123
    I managed to get reimbursement for a new tyre for my wife's car a few years ago. Massive pothole, full of water, difficult to spot / impossible to avoid. Been there for a while and not filled despite complaints.

    Probably have a harder time these days.
  • rolf_f
    rolf_f Posts: 16,015
    I also used Google Earth to prove the damage was developing 3 years ago when they took the street view

    You have to be careful about that assumption. Last year I hit a pot hole that bent both rims. I reported the pot hole on an online site and download forms for a complaint. It hadn't apparently been previously reported (though folk I spoke to by the hole said it had been there some time - and since the winter had been mild I couldn't see it suddenly having appeared). I also checked Google Earth and you could see that it was damaged also 3 years before (this is a poor repair around a manhole).

    Anyway, the hole was promptly fixed and I decided life was too short to claim for a pair of Rigida rims so I forgot all about it. Until I noticed the degradation of the hole. Over the course of 2012, the hole was repaired another 3 times. The speed at which a botched repair can fail is quite alarming (I think it was obviously breaking up within about 3 weeks of the initial repair) - so don't assume that just because the damage was there some time ago that the council haven't been diligent in regularly, but incompetently, re infilling holes.

    You'd think doing it once, properly, would probably be more economically viable.....
    Faster than a tent.......
  • rpherts
    rpherts Posts: 207
    cougie wrote:
    You cracked your frame on a pothole ? That sounds unlikely ? The tyre and wheel were fine - but the frame broke ?

    I don't think you'll have much chance I'm afraid. If you say you ride that road regularly then the council will say you would have been aware of any holes like that. And your lights should have picked it out anyway.

    Sometimes it is possible to be aware of a pothole, and see it, but be unable to avoid it because to swerve around it would take you into the path of a bus or other vehicle.

    If a council ever made such a statement it would be outrageous. They can't wash their hands and say you should have ridden around it".
  • FECES
    FECES Posts: 25
    But councils are muffs. There should be a legal right that says if you suffer damage from a pothole, you get a pay out automatically provided there is sufficient evidence to prove it was the pothole that damaged your vehicle. After all both the roads and councils are paid for by us, arent they?