Pot hole damaged rim can I claim against council ?

tim_wand
tim_wand Posts: 2,552
edited February 2011 in Commuting general
Sorry if this has been covered on here before. (too lazy to look).

Stupidly went through what looked like some surface water only to find a large pothole hidden in the depths. Result one pringled rim and 6 mile walk.

Couldnt get picture on camera phone, it would have meant standing in the road bailing said puddle out to show road damage beneath.

Think due to lack of evidence this time I m just going to have to write it off.

What would be the proper procedure/ path to take however if I did wish to claim.

Comments

  • kurako
    kurako Posts: 1,098
    I found a thread over at the *other* place. The council should fess up in my opinion but that doesn't say they will. At the very least it should be reported so hopefully it gets fixed.

    http://www.cyclechat.net/topic/52289-po ... liability/
    Univega 700
    Univega Via Strato
  • nicklouse
    nicklouse Posts: 50,675
    go back later and take pics. dont forget the "fag packet"* in the hole to show scale. Plus pics of the damage to your wheel and also the exact location of the hole.

    *or some other item that is easy to tell the size of.
    "Do not follow where the path may lead, Go instead where there is no path, and Leave a Trail."
    Parktools :?:SheldonBrown
  • MarcBC
    MarcBC Posts: 333
    My understanding is that unless the hole had already been reported and the council had done nothing about it within a specific time frame, they can wriggle out of any claim.

    I do not know what that time frame. Is, however.

    This could be wrong, but that is why on a motorcycle forum I belong to we are encouraged to report any potholes we consider dangerous.
  • tim_wand
    tim_wand Posts: 2,552
    Doh! was that self centred to think I couldnt claim that I didnt even bother to report it.
    I suppose its a reasonable argument for any council that they cant be expected to be liable about things they have no knowledge of.

    Still should have reported it to save any one else the same fate or worse, I ll now make sure I do.

    Isnt there a web site these things can be flagged up on that makes local authorities liable once reported?
  • re-cycles
    re-cycles Posts: 107
    http://www.fillthathole.org.uk/
  • Specialized Needs
    Specialized Needs Posts: 802
    re-cycles wrote:
    http://www.fillthathole.org.uk/
    Where you can also check whether it had been reported by someone before - best of luck.
  • The Rookie
    The Rookie Posts: 27,812
    The legal principle is negligance, if the council has done something negligeant (such as not filling it in after being reported, allowing that 1 hour later would not be reasonable!) then they are liable, if they haven't, then they are not.

    Simon
    Currently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.

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