Claiming after pothole damage?

[Origamist]

Hole now fixed. Wasn't this morning. Could it really be the case that a mid-morning call reporting damage last week got the hole fixed by this afternoon?

Yes, I've had some repaired in 48 hours, but given the adverse conditions, that's pretty good going.

I understand that they prioritise lunar craters over mini-fissures.

 

[irc]

There's a long saga about a pothole claim on the CTC forums. Worth a read if a claim is being considered.

http://forum.ctc.org.uk/viewtopic.php?f=7&t=15264&hilit=pothole&start=120

 

[ASC1951]

I picked up from somewhere the impression that unless the pothole has already been reported to them (i.e. they've been made aware of it), they can't be held responsible for it - the logic seemingly being how can they be held responsible for something that, despite their best efforts at checking the condition of the road regularly, may have arisen in between checks).

Or is this an urban myth?

That is pretty much it, Bot. They are liable if they knew about it and didn't repair it within a reasonable time; or if they didn't know about because they don't have a proper system for checking.

There is sometimes also an issue of contributory negligence. Road users do have a duty to look where they are going and if it's a small hole on a cyclist's normal commute (which he may be aware of long before them), it's going to be difficult to sustain a claim.

Councils aren't always the villains in this. If you want all town roads kept in perfect condition all the year round, don't bleat if your Council Tax goes up 25%. And there are plenty of road users - including cyclists - who are so unobservant that you wonder how they get to the other end in one piece.

 

[Wheeledweenie]

My mate Andy fought and won:

http://www.thisislondon.co.uk/standard/article-23430720-cyclist-leaves-council-in-a-hole.do

I believe it was because the hole was a certain depth, had been there for a set time and was in an area specifically for cyclists to use (ie a cycle lane) but it may not have been that much. Council got lambasted by the judge for being so ridiculous.

 

[Cab]

I don't know how, but I'd snapped the bit where the rear casette is attached. New rear gears and chain, not that expensive, but enough to follow up the paperwork when the forms come.

 

[Tynan]

hit a stinker on Wood Street last night, on a bend where there's a nasty one in the lane

when I see that, in the dark, and go round it, I hit the stinker, did it once before last week, it's dodgy stretch with no end of grim lumps and bumps

took the front wheel into LBS early doors today, split rim, rebuild, '£50 or £60', not ready until Friday afternoon as they've got to order in a 36 hole rim

sigh, I loved that wheel, a slightly second hand hand built that has been perfect for 18 months

I've reported it now but nothing reported for Wood Street before that