First crash

[td1982]

Brought my new globe last thursday, been commutin happily for a week nearly, but on journey home tonight i've written it off. hitting a pothole at just over 15mph lost control straight into a parked car. front wheel buckled and right hand side of handle bar bent at 90 degrees. helmet fractured in two places.
lip n gums cut open badly bruised body.
Would i be able to claim off council for this as bad roads, as very ot of pocket......

 

[alp1950]

Bad luck. Sounds like your helmet did its job though & although bruised you survived to ride again.
I'm no expert but would think that you might well have a valid claim against the council- not just for the bike but also the injuries. Someone else will be along in a moment to give authoritative advice I'm sure. Meantime get some photographic evidence of the pothole and your injuries. If you're going to go after the council make sure you get checked by a medic as you might need a medical report.
Alternatively, might be worth checking if your household insurance covers your bike.

 

[td1982]

taken pictures of injuries at moment going to do bike and pothole in morning when light, good thing was the good samaratan who came out to sww if i was ok and gave me a lift home to make sure i got home ok.

 

[Keeno]

Get as much info recorded ASAP. Might sound a bit much, but measuring the pothole + its depth will also help in any claim. When taking a picture put something in the pothole so that scale can be measured.

 

[djb1971]

Save/collect as much of these as possible
photos - witnesses - medication & medical attention - receipts for EVERYTHING even if you have to take taxis every where !! and time off work etc.

Then approach the council and or a solicitor.

 

[ASC1951]

Would i be able to claim off council for this as bad roads, as very ot of pocket......

Very possibly, but these days a highway authority is not required to keep all its roads in perfect condition - it just has to show that it has a reasonable programme for inspection and repairs and it was not aware of this hazard. On a country road, for instance, six monthly inspections might be enough and potholes can develop faster than that; that wouldn't be reasonable for a busy town road though.

One problem you might face is that if you have been commuting for a week and presumably taking the same route you have had plenty of time to see the pothole.

My experience of dealing with councils is that many of them self-insure and if you have a genuine claim they tend to be more reasonable than insurance companies.

Get photos of the pothole and your bike. Evidence of how long the pothole has been there, if possible. Receipts etc. I would use a solicitor to pursue it, because the council will then know they can't fob you off. Most will offer it on a No Win No Fee, although that is not always the best deal for you, and as ALP says see if your insurance covers legal costs. It is specialised work so you need a personal injury solicitor, even though fortunately the injuries weren't serious.

Definitely worth pursuing IMO.

 

[Tynan]

sounds like quite a smash

is the bike really written off? I'd certainly want an LBS opinion on that, the frame tends to be very strong indeed

you'd have been ok if you hadn't been wearing a helmet apparently

 

[Angelfishsolo]

Firstly I hope that you heal up quickly. Secondly as "Tynan" stated get the bike checked out by a reliable LBS. Looks can sometimes be deceiving. Finally follow all the great advice regarding photographic and documentary evidence. If the council are reluctant to take responsibility try taking the story to a local paper. Doesn't always work but can work in your favour at times.

 

[Angelfishsolo]

you'd have been ok if you hadn't been wearing a helmet apparently

Quite obviously yes. The helmet broke so what good did it possibly do

 

[swee'pea99]

As Tynan says, are you sure it's a right off? You say the wheel and handlebars are buggered, but they're easily replaced. Bad luck, by the way. I did exactly the same a few months back. Couldn't be bothered claiming from the council - can't stand the form-filling and bureaucracy - but I did report the pothole, and to the council's credit (Haringey), it was marked within 24 hours and filled within a week.

 

[on the road]

You might have difficulty claiming against the council because you would have to prove that the council knew about the pothole.

 

[ASC1951]

No, that's wrong. It is enough to show that they should have known i.e. that they do not have a reasonable inspection shedule. In practice the onus falls the Council to show that they do.

 

[Scoosh]

Sorry to hear about your misadventure and glad to hear that you are, basically, OK.

+1 for wearing a helmet

A suggestion upon which others will no doubt enlarge - join CTC and use their legal begals/ leagle beagles. I gather it can be done retrospectively.

 

[Bruce_M]

Take the bike back to the shop where you bought it and say it's probably the wrong size

Anyway, hope all goes well.

Keep us updated.

 

[MessenJah]

Where there's blame there's a claim