Pot Holes and Suing Local Authorities

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mustang1

Legendary Member
Location
London, UK
That's a right pain in the ass; my sympathies to you sir, and I hope you mend quickly.

Ps: I've been saying for ages, you need a great big range rover type of car to drive on the streets these days; bikes fair very poorly against potholes. Loads of cyclists go to the continent not just for the fine weather, but they seem to have smoother roads too. Either they have a different type of hot/cold weather that we do in the UK, or they maintain their roads better (either using more suitable material or fixing them a lot quicker).

There are various utility companies digging up the roads, there is housing developments going on and heavy lorries pounding the tarmac and positively destroying the speed humps (have you seen the "blades" that are used to attach speed humps?). IDK if it's just my imagination, but I think we had smoother roads some decades ago.
 

Drago

Legendary Member
Good grief Hacienda. Fingers crossed for a full and speedy recovery.

Bever went as far as court, but about 15 years ago I got heavy with Milton Keynes borough council over damage to my car from a pothole. After some initial denial and wriggling I got paid in full for a new wheel, tyre and control arm.

They tried to hide behind the old 'we inspect our roads to the government advised standard' routine. The issue there that dong the kinimum advised by the government does not automatically get them off the hook. Older roads in a poorer state of repair, or roads subject to higher traffic flow are liable to deteriorate more quickly and will thus require more attention.

I don't remember exactly how it went down, but I was taking advice from RAC legal and once it became apparent that I wasn't going away and had a coherent argument they folded. I do seem to recall the chap from RAC legal telling me he had advised once chap who successfully claimed for damage caused by an irregularity barely half an inch deep, but because it was on a curve just where motorbikes are leaned over the chap took a spill.

Best of luck. Hope the wounds heal quick and you get a just result.
 
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mjr

Comfy armchair to one person & a plank to the next
Either they have a different type of hot/cold weather that we do in the UK, or they maintain their roads better (either using more suitable material or fixing them a lot quicker).
Are we allowed to suggest that different tax rates, a fairer share of funding for roads that are cycle routes and a policy to discourage the most-damaging heavy vehicles from those cycle route roads may have something to do with it?
 

icowden

Veteran
Location
Surrey
Are we allowed to suggest that different tax rates, a fairer share of funding for roads that are cycle routes and a policy to discourage the most-damaging heavy vehicles from those cycle route roads may have something to do with it?

I had a quick look and in 2019, infrastructure spending was pretty similar in UK, France and Italy, and much less in Scandinavia. I wonder therefore whether the UK's obsession with competitive tendering and doing everything as cheaply as possible might be part of the issue. Certainaly around here Surrey would rather pay for a van to go and fix potholes in the same place for a year rather than fixing the road properly. Roads that have been fixed then disintegrate very quickly.

There does seem to be a thing now that I don't recall seeing more than about 10 years ago where the top surface just rapidly cracks and then gets wiped out into shallow pot holes.
 

mjr

Comfy armchair to one person & a plank to the next
Certainaly around here Surrey would rather pay for a van to go and fix potholes in the same place for a year rather than fixing the road properly.
Do they? I am pretty sure Norfolk CoCo hires a company to maintain the roads in line with its Transport Asset Management Plan, which I believe to be the problem that does not prioritise cycle routes appropriately.

Of course, we also enjoy the contractors finding new cheap ways to deliver, such as putting down 3 inch depth of chippings then sweeping up 2 weeks later because the verges harmed and drains blocked by excess chippings aren't likely to become their problem/cost.
 

icowden

Veteran
Location
Surrey
Do they? I am pretty sure Norfolk CoCo hires a company to maintain the roads in line with its Transport Asset Management Plan, which I believe to be the problem that does not prioritise cycle routes appropriately.

This is a typical example of our elite road repair team:

https://www.google.com/maps/@51.391...4!1sEV_vE_0dbS55Ns_YwJVjgw!2e0!7i16384!8i8192

See how many pothole patches you can spot! (and bear in mind that this is the main road between Walton on Thames and Hampton Court).
If you can find a safe and steady route over this patch of ground, you deserve an award.
 

midlife

Guru
double yellow lines don't look terminated correctly, does that make them void?
 

roubaixtuesday

self serving virtue signaller
Knutsford Road Chorley near Wilmslow Golf Club.

Yikes, a road I cycle very frequently.

As I understand it, *if*

(1) The council had not inspected the road at a reasonable frequency or
(2) A hazard was reported to them and they did not act within reasonable time

then you have a claim.

I know this because... ...the local website reported a cyclist successfully claiming damages because of a pothole I reported which they didn't act on.

https://www.wilmslow.co.uk/news/article/20325/four-figure-payout-for-cyclist-who-hit-large-pothole

Get a photo/measurements of the offending hole ASAP and maybe the solicitors in the article are worth contacting.

CCers - report those potholes!

Get well soon, very best wishes.
 
OP
OP
Hacienda71

Hacienda71

Mancunian in self imposed exile in leafy Cheshire
Yikes, a road I cycle very frequently.

As I understand it, *if*

(1) The council had not inspected the road at a reasonable frequency or
(2) A hazard was reported to them and they did not act within reasonable time

then you have a claim.

I know this because... ...the local website reported a cyclist successfully claiming damages because of a pothole I reported which they didn't act on.

https://www.wilmslow.co.uk/news/article/20325/four-figure-payout-for-cyclist-who-hit-large-pothole

Get a photo/measurements of the offending hole ASAP and maybe the solicitors in the article are worth contacting.

CCers - report those potholes!

Get well soon, very best wishes.
I know the senior partner there. Might give him a buzz.
Not sure the exact pothole has been reported but if I read the local news website correctly that stretch has been identified as being one of the worst in CE top 25 and there are loads of reports along the length of it.
Sick and tired of inaction and underfunding at CE. They seem to find money to top dress roads and the pavement where my ma and pa live. Not renew surfaces properly on an ongoing basis.
Sorry rant over.
 

roubaixtuesday

self serving virtue signaller
I know the senior partner there. Might give him a buzz.
Not sure the exact pothole has been reported but if I read the local news website correctly that stretch has been identified as being one of the worst in CE top 25 and there are loads of reports along the length of it.
Sick and tired of inaction and underfunding at CE. They seem to find money to top dress roads and the pavement where my ma and pa live. Not renew surfaces properly on an ongoing basis.
Sorry rant over.

Ranting seems perfectly reasonable in the circumstances.

CE are of course far from perfect, but austerity cut the budget for road repairs nationwide drastically, so that's the root cause IMO.
 

dodgy

Guest
Speak to these guys. The owner is a cyclist and sponsors events round here. I've not used her but friends and family have and they've had good results.

I did hear of a motorist local to here who sued the council for new tyres and wheels after he drove into an extended pavement so I don't see why you can't claim for the pothole damage.

Heal well.

https://www.alysonfrance.co.uk/
I've used them, highly recommended.
 
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