Pothole claim

[Drago]

We tried to claim £50 for a wheel rebuild and after several weeks Lancashire CC sent us a big envelope full of hundreds and hundreds of pothole reports and a letter that said "Since, as you can see from the enclosed reports, nobody had reported this pothole, we can't be held responsible. If you don't like that we'll see you in Court."

Just the photocopying and the letter must have cost them £50!

Nice of them to provide you with documentary evidence that their own inspection regime is inadequate and they're over reliant on reports from the public. "Many thanks for that, see you in court" would have been my reply.

In fact, when I smashed my alloy wheel that's broadly what they said to me, and broadly what I replied, and when i sent them the small claims form giving them 7 days before I lodged it with the court they folded.

 

[Dogtrousers]

I contacted the Slater and Gordon via the CTC and they said I could do it with or without representation, but there would be a cost for representation. As it's a relatively small sum I'll DIY if I do it at all. First thing is to get the wheel fixed/'re rimmed depending on what my LBS think of the damage. I'll only be claiming for the bike damage.

I'm healing ok, thanks.

I still don't understand how I hit it. I wasn't going fast, and I'd been pothole dodging on some terrible roads all morning. First thing I knew the bike was on top of me and I was worrying whether I'd broken my glasses (the strange things that spring to mind).

 

[Drago]

Just as importantly, now someone has been injured have they repaired the hole yet?

 

[Dogtrousers]

Just as importantly, now someone has been injured have they repaired the hole yet?

Well, they don't know yet. I'll need to get the wheel fixed, buy a new hat and retape my bars before I know what my costs are and submit a claim.

 

[C R]

Well, they don't know yet. I'll need to get the wheel fixed, buy a new hat and retape my bars before I know what my costs are and submit a claim.

You should be able to report the accident, advising the CC that a claim will come later. At least if someone else gets hurt in the meantime, the CC will find it harder to wriggle out of their responsibility.

 

[tallliman]

@Dogtrousers, I managed to claim against a road owner for a similar incident earlier in the year, key bit is to prove the depth and size of the pothole and any evidence you can see of its deterioration...for example, when was the road last photographed on street view, any loggings of it on websites etc? I'd expect the CC to have their own claims procedure that you can submit the costs to. Go in with as much information as you can especially pictures of the damage and see what they do. Also get a bike shop to provide a written quote for the repair and include this.

If you want any help, pm me.

 

[Archie_tect]

Would it be better to report potholes and not claim so that Councils can spend their hard fought for government central grant and council tax on fixing things rather than paying compensation out? Just a thought, having just paid £112 for a new front spring on a 12 year old VW Polo because I didn't see a pothole in the road.

 

[Bazzer]

Last weekend I hit a pothole. Hard. Broke three spokes in my front wheel (actually the nipple heads sheared off, rather than the spokes actually breaking), damaged my helmet, and also wrecked the bar tape. Did various bits of minor damage to me, but nothing long lasting (I hope!)

I'm wondering whether to pursue a small claim for this. But as it would be really quite a small claim I'm wondering if it would be worth the candle.

All in all I'd estimate the costs to be of the order of £200. I don't know if the wheel is fixable, or whether a new rim and rebuild would be needed. If it's fixable then the costs would be less. And according to the info I have from Slater and Gordon there would be court fees of £35.

I have photos of the damage, and a photo of the pothole. Unfortunately my photo doesn't show the depth, as it's full of water. The hole was reported via FixMyStreet to Surrey CC in Feb 2020, along with comments about "bodged repair". My photo shows the bodged repair.

I can afford the repairs, but Surrey roads are so bad that if I can do anything that could motivate them to do something perhaps I should. But as money isn't the motivation I wonder if I can be arsed with all the hassle. For example, will I be required to take time off work and go and appear at a court?

Has anyone gone through with a similar process? Comments?

As your photo shows the hole full of water, following on from @tallliman 's advice, you might be as well going back to take a photograph showing the hole with something with which "the man on the Clapham omnibus" can relate to; tape measure, A4 sheet of paper, fiver, etc.

 

[screenman]

Would it be better to report potholes and not claim so that Councils can spend their hard fought for government central grant and council tax on fixing things rather than paying compensation out? Just a thought, having just paid £112 for a new front spring on a 12 year old VW Polo because I didn't see a pothole in the road.

Just today I paid out £60 for a shock absorber mount that got broke yesterday after Pam hit a pot hole, the hole has been reported but I will not be claiming, I feel that the council's or highways have no hope of keeping on top of the road conditions, I cannot imagine going into work everyday knowing no matter how much effort I put in things are going to be worse than before I started the day.

 

[Dogtrousers]

Would it be better to report potholes and not claim so that Councils can spend their hard fought for government central grant and council tax on fixing things rather than paying compensation out?

It has already been reported, since Feb

 

[tallliman]

As your photo shows the hole full of water, following on from @tallliman 's advice, you might be as well going back to take a photograph showing the hole with something with which "the man on the Clapham omnibus" can relate to; tape measure, A4 sheet of paper, fiver, etc.

Credit card is what I used.

 

[Dogtrousers]

As your photo shows the hole full of water, following on from @tallliman 's advice, you might be as well going back to take a photograph showing the hole with something with which "the man on the Clapham omnibus" can relate to; tape measure, A4 sheet of paper, fiver, etc.

Yeah, That's the kicker. I'd have to drive there and it's a fair way.

 

[screenman]

I would be careful, a not many people are cyclist so if you get a judge whatever who is not then they will not understand why you could not have avoided it.

 

[boydj]

Hope you are OK, DT!
If you claim, will you do it through CTC and therefore be covered for the costs? I certainly found it worth it after I got doored and broke my collarbone - it's was minor administrative faff but not really onerous, and they sorted the rest. I was motivated by the actual financial loss involved in having to take the bus for a couple of months, but I got a level of compensation that reflected the fact that I'd been minding my own business and someone else had caused me significant damage. It was not necessary to exaggerate the effects of anything - just to have a think and meticulously list the impacts - financial, personal, your time and that of others...

CTC would be unlikely to take on a claim like this - their process is primarily for personal injury claims.

 

[Dogtrousers]

CTC would be unlikely to take on a claim like this - their process is primarily for personal injury claims.

Not so. CTC (actually Slater & Gordon) provide advice for all cycling related claims and would represent me on this if I so wished. But I don't. I spoke to them before I started this thread & they sent me an information pack.