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Has anyone had experience of making a claim against a county council for personal injury, or equipment damage due to road conditions?
I came off on a damaged section of road and put myself in hospital for 2 nights with broken ribs and fractured pelvis. Bike helmet broke, bar tape and shifter damaged, carbon frame looks OK (no scratches or other visible damage). I also need ongoing physio.
Did you use any lawyers or other third parties? Or deal directly with the council?
Thanks
Have you got BC or Cycling UK membership?
Even if you havent you could go through https://www.cycle-sos.co.uk/cycling-uk-incident-line/ who are their appointed solicitors.
Hope that you are healing OK.
Ooft, heal quick.
I've got BC Silver membership - good point, I'll talk to them. I had heard they passed you straight onto a no win no fee type of lawyer who were mostly interested in claims against drivers. Not sure if that's true.
Healing well thanks - just over 5 weeks ago and can sleep/breathe comfortably now, and walking (slowly and carefully...)
Ouch! Hope you heal up quick...
We claimed directly after punctures and wheel damage on the car on a flooded road, we got some recompense (they paid a percentage, rather than the actual cost to us of new parts, but still), so it can be done but they will evade responsibility if they can.
Edit - Our story:
https://singletrackmag.com/forum/topic/pothole-punctures-and-claiming-off-the-council/
It would be worth calling them and seeing if they want to take it on. It is a no win no fee type place so they only take on cases they are confident that they can win.
I claimed against a nearby council, 22 years ago. There's an old motorway bridge with a cycle path alongside it, and the tarmac was, and still is, rucked up where the bridge meets the actual ground, if that makes sense? I hit it, went OTB, took loads of skin off my shoulder and forearm, ripped short and jersey, damaged some parts of the bike cosmetically. I contacted the council direct and after a while they offered me the cost of the damaged parts and some compensation, about £1500 iirc. I still have scars on my arm and shoulder but they have never sorted out that part of the cycle path.
Shouldn’t just be drivers, I claimed via Cycling UKs sols against a landowner who caused me an injury by being a careless pillock, to use the legal term.
... mostly interested in claims against drivers.
They're mostly interested in a percentage of the compensation AFAIK, so if the claim is large enough and there's a good chance of a payout I don't think they will mind whos pocket it comes from!
I'd also go to BC first as you're already paying for that as part of the subs.
Good luck. My mate came off on a pothole (BC Member) - ended up with a broken pelvis - just gave up in the end as the process was so difficult.
If you are in Scotland, try cycle law Scotland. I wouldn't try claiming against a council on my own. A good cycle lawyer may have access to claims for the same location. Councils are notorious for ignoring claims. Also can you get someone to take pics of the road surface anda measuring ruler for size reference. Don't put any details on-line. Best of luck and hope recovery goes well.
Councils are self insured, they don't have insurance for you to claim from, any claims come from their budgets.
I thought many local authorities were insured through Zurich Municipal?
The other issue, you've got to prove the pothole had been reported previously and not repaired, or that it's of a dangerous size. Absolute nightmare.
I think what helped in our case is that the road was flooded, not sure if that's the OP's case - I understand councils have an obligation to check and repair roads if there's been flooding, this road had been flooded for weeks so either no check had been done or the repairs were inadequate, something like that.
Our road's not been flooded since.
BC via Leigh Day should be your first port of call. My club mate came off even worse on a club ride after hitting a pothole. There will have been a six figure settlement (at least) - after the inquest finished. they handled the case. And my serious accident too (not pothole related).