Pothole injury claim

[C R]

Its very doubtful you will get anywhere with trying to make a claim. You should come round here, the potholes are miles worse than that and nothings done. I hope your partner makes a full recovery and I'm very sorry this happened. If I were you I wouldnt waste your time and money trying to get compensation from the council. It wont happen.

If the potholes had been reported before and the council did nothing then they have a very strong case for compensation.

 

[kingrollo]

Hope your wife recovers soon.

Too late for this incident - but personal accident cover imo is well worth £30 or so.

Good luck with whatever you decide.

 

[cyberknight]

 

[ColinJ]

How horrid! I hope she makes a rapid recovery and doesn't suffer nightmares from the trauma.

On the specific question, AIUI, you need to show the council to have been negligent to win a claim.

The mere existence of potholes does not show this, unless they've not followed their own schedule of inspection, or ignored reports. Horrendous injury from a poorly maintained road doesn't necessarily give you a good chance of recompense.

If the potholes had been reported before and the council did nothing then they have a very strong case for compensation.

I saw this thread just before I went out for a ride this evening. Something occurred to me while I was riding along...

Yes, councils normally inspect for potholes and can then claim that a bad hole developed between inspections, but had not been reported. The thing is, in this case it sounds like the people who removed the cats eyes caused the potholes, and then did nothing to rectify the damage. To me, that smacks of negligence! How can you cause the damage and then say that you didn't know about it?

 

[Arrowfoot]

Yes, councils normally inspect for potholes and can then claim that a bad hole developed between inspections, but had not been reported. The thing is, in this case it sounds like the people who removed the cats eyes caused the potholes, and then did nothing to rectify the damage. To me, that smacks of negligence! How can you cause the damage and then say that you didn't know about it?

Just managing expectations here. A claim against a council for public infrastructure matter is vastly different from a straight forward claim against the person behind a vehicle that crashed into a cycle. Potholes are ubiquitous across the country and requires extensive funding to cover the ravages of the weather. And funding is limited. So such claims are generally difficult.

As @C R pointed out, there must be a prior complaint and evidence that it was not addressed given sufficient time. And it cannot be a general complaint that a particular road is not maintained. Evidence that's others have fallen victim to the same road is good evidence. A public appeal on local facebook or community rag can be extremely helpful.

So in a nutshell it is not the usual cycles related injuries that the usual cycle specialist lawyers can handle. In this case, solicitors that have taken on council and public authorities on infrastructure maintenance negligence would be a better bet. These are guys that handle claims on fractured ankles due to damaged but unrepaired pavement, trees that fall on a person due to noticeable root damage, failing to provide adequate road signs etc.

Just ask the solicitors picked, on the probability of success, particular council's history of settling etc. And most importantly total cost in legal fees if not successful. Also ask them to include the council's legal fees that might be imposed which can be a possibility.

Hope this helps.

 

[Kingfisher101]

If the potholes had been reported before and the council did nothing then they have a very strong case for compensation.

" If"
Also what your saying implies that the Council will be honest and transparent re previous complaints of that pothole... Do you think that will happen?

 

[Willd]

Hope she makes a swift and full recovery

Just reported these, even found photographic evidence on Google maps Not everything is looked after by councils though, as this road is under the remit of the National Highways Agency.

 

[classic33]

" If"
Also what your saying implies that the Council will be honest and transparent re previous complaints of that pothole... Do you think that will happen?

Not all complaints about surface defects are reported direct to the council.
Two sites listed earlier, where reports can be made. And it's easy enough check them for previous reports.

 

[ebikeerwidnes]

There are rumours that some councils find it cheaper to leave potholes as they are and pay any claims that come up
Of course, those claims are mostly from motorists for tyre, wheel and suspension damage

but if a cyclist hits a pothole it can be far more serious

but they do seem to respond honestly as far as I can see

 

[C R]

" If"
Also what your saying implies that the Council will be honest and transparent re previous complaints of that pothole... Do you think that will happen?

A lot of car insurance companies chase claims for damage to alloy wheels, tyres and suspension due to poorly maintained roads.

 

[cougie uk]

I've reported a few stretches of potholes to the relevant authority and they've been sorted out quickly. I don't think any council would prefer a claim.

 

[C R]

I've reported a few stretches of potholes to the relevant authority and they've been sorted out quickly. I don't think any council would prefer a claim.

Worcestershire C C are very quick to fix reported surface issues, Herefordshire on the other hand...

 

[ebikeerwidnes]

I've reported a few stretches of potholes to the relevant authority and they've been sorted out quickly. I don't think any council would prefer a claim.

It was only a rumour - but did see an article showing that fixing a pothole costs £x - but the average number of claims from s single pothole is £y
and y is less that x
hence they could decide to only fix them itf they are likely to be a serious danger - and leave the rest until they can do a load together

there is also the point that potholes fixed in the wrong weather (whatever that is - probably wet and cold???) is likely to need fixing again quite soon - in the right weather it is more likely to last
so you save money by ignoring them until the weather is right

 

[Alien8]

Crikey - that looks awfully like coming in to Rampton from Cottenham?

GWS to your partner and good luck with the claim.

 

[ClichéGuevara]