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So, I was commuting home on the bike last Thursday along an A road that use regularly. I was doing about 30kph and suddenly saw a huge hole in front of me, I couldn't swerve to the side in the traffic, so tried (in vain) to hop it. The back wheel hit the edge of the hole and the impact pitched me into the kerb and onto the footpath. Strava says I hit the ground at about 35kph.
I've got multiple cuts and bruises to my left knee (pretty deep), shoulder, hip, thigh, fingers, etc, but I don't really bruise readily, so they're just sore and look a lot like burns. I'm still pretty stiff 5 days later.
The damage to my gear is quite extensive, Heavily bent rear rim and ruined tyre, bent lever blade and both blades scratched to pieces, sheared the ti bolts holding my rack on to the frame, so those will have to be drilled out. Shredded my bibs, jersey, gloves and cracked my helmet. Helmet, bibs, jersey and gloves are over £500 to replace. The shifters are £350 and I'm not sure about damage to the bars and frame yet.
Now the question - Should I try to claim against the council or just accept that this happens when you ride a bike for long enough?
South Gloucester if it makes any difference.
I think it depends on if someone has already reported the hole and the council has yet to do anything about it.
What about claiming against your home contents insurance?
@roterstern has it I think. Generally, there has to be negligence. Use the https://www.fillthathole.org.uk/ site to see if the hole had been previously reported.
Either way, i'd contact your local highways team and try to claim regardless.
I was on a cycleway the year before last and had a low hanging branch almost pull me from my bike, ripping my rucksack in the process. I argued that the council had a duty to check and maintain all highways including cycle paths and asked for a copy of their maintenance schedule for that cycle path.
They couldn't produce one, paid me for a replacement rucksack and then had the path cleared of shrubbery the following week.
Ow,that sounds a sore one.
Had you noticed the hole before on your commute or was it an old repair that had been 'dug out' that day by a truck wheel.
I am mind mapping all the big holes on my commute just now,so that when they fill up with water I don't pile into one in the dark.
@strike - isn't that basically the same as paying for it myself, but in installments by the time excess and additional charges each year etc? Genuine question - I've never claimed on insurance of any type in my life.
@fasthaggis - It seems to be a common problem along this road. the drain covers keep getting pulled up and dropped into their holes. It's happened a few time on this same road over the summer and normally you can see them, but in this case, it was dark, my lights were on low/med to avoid dazzling other road users and there was a car just coming up to pass me so I was riding in my own shadow and didn't see it until too late.
@dknwhy - there's nothing reported on there, but I reported it this morning at 08:30 (their site wouldn't work on an iphone/pad, so needed a laptop and was too sore/couldn't be bothered over the weekend, but when I drove pas this morning 09:30, it has been repaired/placed back.
Helmet, bibs, jersey and gloves are over £500
Humblebrag 🙂
Sounds nasty, heal quick OP!
Genuine question – I’ve never claimed on insurance of any type in my life.
Why pay for insurance if you are never going to claim? 😉
I made a successful claim once, that was only because the workers who dug a trench across a road used a cover plate that was smaller than the hole!
Back then (2004) they gave me 60% of the replacement cost (as it was argued on a like-for-like basis) for repair work.
I didn't make any claim for trauma/personal injury.
Not sure on the deal for potholes - you need to speak to the Highways dept and find out who will assess a claim and what their policy is.
No harm in approaching the council, for the cost of s letter. AIUI they have to show they had a reasonable procedure in place for checking the roads at regular intervals, and fixing reported potholes in a reasonable time.
The hole was there to cause the accident, they have to show they'd met their responsibility to reasonably prevent/deal with it
Worth having a chat with the council, if it's already been repaired and in a good timescale then it may require some goodwill, chatting will be the best course of action, whereabouts in South Gloucester was it, i'm there so wondering if it's one of my commutes!
The leaves on the cycle path I commute on are at the stage where wearing ice skates may be safer.
I reckon a sweeper is sent along it once a year. Frequent horse shit and occasional 'significant' dog shit too. NCN waymarked route.
Firstly go and take a LOT of photos of the pot hole. I speak from experience that if you contact the council they will have a hole filling team out within the hour to throw some scalpings in the hole. Then you'll have no evidence of the hole existing.
Then get a quote from a trusted LBS for the damage to your bike. Then go to A&E to get yourself checked out and to record your injuries.
If you don't fancy that kind of hassle then at least photograph the pot hole and claim off your home contents insurance. That's what it's for. I claimed for the clothes Mountain Rescue, paramedics, and A&E cut off me when I stacked it big time at BPW. The claim didn't add anything to subsequent policy renewals.
Op says its already been repaired matey.
Op says its already been repaired matey.
Oops! I didn’t read the OP properly. Probably because I’m full of rum!
People will tell you round here that you'll get nowt from the council - Mrs Pondo's car punctured two tyres, dinged a rim and bent suspension through hitting a submerged pothole, we got some cash back (not full replacement cost, just market value, however they calculated that), so I'd say definitely lodge a claim. Nothing ventured...
+1 on rotorstem - I think it's about showing that there's something they're committed to checking that wasn't picked up. If they checked it and it showed fine the day before, no joy. If they're supposed to check monthly and they can't show they have, game on. Good luck - sounds nasty!
I’ve got photos of the missing drain cover, and photos of my/bike injuries both at the time and the next morning.
I don’t know when the drain cover was replaced, but within 5 days.
This isn’t the first time these drain covers have popped off/in. I’d argue that they need to do something to better pin them down.
Worth having a go, and then a second go when they inevitably fob you off the first time.
I tried to claim from my council when they didn’t grid the main road when the forecast was for evening rain followed by sub zero temps overnight.
They told me they had their own meteorologists and didn’t use the normal weather forecasts so decided gritting wasn’t required. I argued that I’d did because I fell off in a straight line and provided video. I got a polite letter telling me to do one.
You might have more luck with an actual defect though.
A lot of drain covers are being stolen for scrap value, so it may be that the responsibility is with the thief. I would ask the Council what they've done to manage the problem and see what the answer is. Maybe you can get criminal injury compensation, if the Council say it was definitely stolen.
The council are in charge of the roads, so anything happens do to damaged is their responsibility.
I haven't used them for years but bike line were great when I got knocked off.they should be able to help you no win no fee.will carry more clout than an individual claiming.try them.worth joining cycling uk too incase anything happens again.your get a medical putting your mind at rest,your bike fixed up and almost certainly compensation for your troubles.
In the 90s my brother got the council to pay 50% of the damage when he rode into an until fence that had been erected across a road in a public park. It didn't go to court, but their argument, which doesn't seem entirely unreasonable is that your speed should be appropriate to the conditions and just because you've ridden that road before doesn't mean you shouldn't expect hazards. This was back in the days when bikes had incandescent light bulbs - but expect some challenge about how well lit you were.
I was doing about 30kph and suddenly saw a huge hole in front of me... Strava says I hit the ground at about 35kph.
you probably want to get that story straight as an obnoxious legal department at the council will want to know why when presented with a hazard rather than brake you accelerated!
They'll also likely suggest that you were aware of the general hazard:
This isn’t the first time these drain covers have popped off/in.
It seems to be a common problem along this road. the drain covers keep getting pulled up and dropped into their holes. It’s happened a few time on this same road over the summer...
Now the question – Should I try to claim against the council or just accept that this happens when you ride a bike for long enough?
As others have said the council will only have a liability if they've done something wrong: caused the hole, failed to respond quickly to a previous report of the hole, not been carrying out regular inspections of its roads etc.
isn’t that basically the same as paying for it myself, but in installments by the time excess and additional charges each year etc? Genuine question – I’ve never claimed on insurance of any type in my life.
Its unlikely that the excess + premium hike over 5 years will equal the claim, but its certainly not free. If you have legal cover you could ask them to pursue the council (or if the insurer thought it was really good case they may try to recover from the council anyway). In essence the way insurance works is lots of people pool their risks so the unlucky ones get compensated for their loss. You could argue that pursuing the council is the same concept - the public pay for the losses of those people who get unlucky damage from the roads - but as a member of the public I'm quite keen that we don't encourage people to be unlucky!