View Full Version : Some advice please - on Councils
Jackhammer
17-10-08, 10:45 AM
Howdy Forum - am turning to you all to see if anyone has had a similar experience to myself ....
riding home from work yesterday i clattered down and back up the other side of gap in the road where a man-hole cover is about 2" lower that the main carriage way :-(
i was lent over at the time so 1) its a minor miracle that i stayed on the island and 2) the suspension didn't soak up the bump - the wheel rims did ...
and i now have a HUGE flat spot on the front and the back wheel :confused:
basically i can't help feeling a bit hard done by as this was clearly a rather dangerous hole in the road - one that has so far cost me £380 for a new front and rear wheel
:smt100
has anyone had any joy in getting money out of a council to compensate them for such an incident - any advise give would be appreciated
thanks all
Mike
tigersaw
17-10-08, 11:14 AM
My mate hit a kerbstone in his 4x4 that was sticking out a lot once. Sent pictures and damage report to west sussex council. However their getout was that they were previously unaware of the problem so not liable.
The Guru
17-10-08, 11:15 AM
Did you take photos of the road and damage?
The Guru
17-10-08, 11:16 AM
My mate hit a kerbstone in his 4x4 that was sticking out a lot once. Sent pictures and damage report to west sussex council. However their getout was that they were previously unaware of the problem so not liable.
Thats pants.. they have a duty to maintain the road
The Guru
17-10-08, 11:17 AM
"Im sorry but we didnt know about that problem.. but now that we do, if it happens again we're liable"
Wheres the sense?
Paul the 6th
17-10-08, 11:19 AM
about 5-6 years ago my brother managed to smash the steering rack on his old escort because on road in kirklees (a west yorkshire council) had such bad pot holes. I think he was travelling quite fast at the time but I think managed to push it far enough to the point where they paid out and repaired the road.
Could be worth speaking to someone like MAG or the BMF to find out what the deal is, both in terms of compensating you for the damage to your vehicle but also, what will happen to the council if someone was injured or killed because the roads were in such disrepair and they hadn't done anything about it - even though they'd received complaints?
Dangerous Dave
17-10-08, 11:21 AM
If they are not already aware of the problem you can not claim against them.
Paul the 6th
17-10-08, 11:36 AM
i'll tell them I nearly came off last week. Give it half an hour then ring them and tell them you've had your experience with the same bit of road maybe?
If they are not already aware of the problem you can not claim against them.
Not true, this is to fob off claims. They are the Highway Authority and therefore have a duty to inspect said highways on a regular basis. The problem comes from showing whether or not it is reasonable for them not to have known about it.
ArtyLady
17-10-08, 12:02 PM
If you have legal expenses cover/helpline on your insurance it may be worth asking their advice on whether and how to claim? just a thought?
Dangerous Dave
17-10-08, 12:10 PM
Not true, this is to fob off claims. They are the Highway Authority and therefore have a duty to inspect said highways on a regular basis. The problem comes from showing whether or not it is reasonable for them not to have known about it.
It is not a fob, as a user of the public highway you are granted the authority to report any defects. If a council is not aware of a defect to their infrastructure they can not be held responsible as it is also the responibility of its users to report such defects. Yes they are required to inspect the highways, but they can't check everyone every second of the day.
You can argue it to you are blue in the face mate, but the my post below is correct in a court of law!
If they are not already aware of the problem you can not claim against them.
Mr Speirs
17-10-08, 12:14 PM
You can only claim if the road was reported to the council two weeks before your incident. Councils aren't liable for any incidents if they didn't know about the problem or an incident occours within the two weeks following the report.
It is ridiculous I know but it gets the conucils out of millions of compensations claims even if they are genuine.
The only other thing I could suggest was as it was a man hole cover and not actually the road you could claim that it wasn't put back correctly therefore human negligence not wear and tear of roads. But I suspect Lawyers and courts would need to get involved to argue the point.
Maybe try a solicitors letter.
Jackhammer
17-10-08, 01:01 PM
all good and sound advise folks - i did manage to get some pics taken this morning of both the damage and the man-hole cover .... i only rode over the darn thing as 1) i had forgotten it was there and 2) because its on my commute i had 100% definitely ridden over it before so was not expecting it to be a problem - i am almost certain that i had ridden over it the day before ....
Call me daft but i tend to aim for these things to get used to a little from end slide when they are wet - and i know for certain that at some point in the past i have ridden right over this particular one .....
Well given that its a cover that has not been put back correctly i'll give it a try i think .... i'll bet it'll take a while - but it may still be worth doing ...
It is not a fob, as a user of the public highway you are granted the authority to report any defects. If a council is not aware of a defect to their infrastructure they can not be held responsible as it is also the responibility of its users to report such defects. Yes they are required to inspect the highways, but they can't check everyone every second of the day.
You can argue it to you are blue in the face mate, but the my post below is correct in a court of law!
As DD points out this is true. Many LA's have just rolled over on claims as it's ofter cheaper to pay out than fight the claim. But councils are getting more and more squeezed budgets and the public are putting pressure on to defend claims.
Jackhammer
17-10-08, 03:13 PM
depends how much cash they have tied up in Icelandic Bank Accounts too i suppose :-/
Get a mate to phone up and complain about it, then in a few days put a claim in, they can't say they hav'nt been told then.
It is not a fob, as a user of the public highway you are granted the authority to report any defects. If a council is not aware of a defect to their infrastructure they can not be held responsible as it is also the responibility of its users to report such defects. Yes they are required to inspect the highways, but they can't check everyone every second of the day.
You can argue it to you are blue in the face mate, but the my post below is correct in a court of law!
I used to work for a Highway Authority and trust me it is a first attempt to knock any insurance claim on the head.
You may have misread what I had written you have to prove neglience on their part. they cannot simply say that they didnt know about it case closed as you semed to infer, although it is a strong argument in most cases.
ahh all very well them telling you that they 'did not know about it' but how do you know that .. they might have had loads of ppl phoning and complaining for ages about it.. they are not going to release the complaints to the general public now are they... so how does any member of the public know that they have had complaints?
they have a duty to keep the public highways in reasonable condition. and there is a minimum hight that they justify as 'safe' i may be wrong but i think its something like 4" and on pavements its 2"...
It is ridiculous I know but it gets the conucils out of millions of compensations claims even if they are genuine.
Yes, and that would be great for all of us wouldnt it if the council budget was being spent on compensation claims. Report it, they'll sort it out and watch where you are going in the future.
STRAMASHER
18-10-08, 01:01 AM
..........its neglected surfaces and murderous gravel strewn "repairs" like what you mention, that my next bike will have long travel sussies, wide bars, race bike response but more importantly off-road based frame/wheelbase and geometrythingmejig.
990SM bitte.:smt032
Well given that its a cover that has not been put back correctly i'll give it a try i think .... i'll bet it'll take a while - but it may still be worth doing ...
If it's a cover that wasn't put back correctly then I'd kick up a real stink and make as much noise as possible. He who shouts loudest gets heard. Someone is obviously to blame i.e.the manhole cover didn't put itself in the wrong position. They may be able to look back and find x contractor was working on it and sort it out.
I like the fact that you try and induce a wobbly moment so you can get used to them. Makes a lot of sense. That must be why our resident rideout leader takes us on the horrible roads he does sometimes. Can I borrow your bike?
990SM bitte.:smt032
Lol. Are them thar wheels kink proof?
STRAMASHER
18-10-08, 11:26 AM
Lol. Are them thar wheels kink proof?
I believe the 180fatty on the back will look after that priddy Italian mag, and the front won't be on the ground for half the gears anywayz. Job done.:cool:
(More than likely,me sitting on my derriere while my moto rides free, off down the road. A thankfully unique feeling so far.)
Point taken tho'. Hmm, C90 Cub then. I reckon you could still get to work on it with pentangle wheels.:)
My mate hit a kerbstone in his 4x4 that was sticking out a lot once. Sent pictures and damage report to west sussex council. However their getout was that they were previously unaware of the problem so not liable.
My sister in law hit an overhanging tree stump on a road in w. sussex. I told her to photograph the stump and the damage to the car ( wrecked front wing, door, mirror, rear 3/4 panel) and complain to the council.This came to nothing , although they were straight out with a chain saw to remove said tree stump (which had been there a while as a few people have moaned about it, whether or not to the council I don't know). She even new it was there but was forced over by an oncoming vehicle, but said she didn't go off the road. My wife has now given me the job of repairing the car for her!
Dangerous Dave
18-10-08, 01:29 PM
ahh all very well them telling you that they 'did not know about it' but how do you know that .. they might have had loads of ppl phoning and complaining for ages about it.. they are not going to release the complaints to the general public now are they... so how does any member of the public know that they have had complaints?
If a solicitor requests it then it should be released to them, if not the the solicitor will re-request it to be produced in front of a court. If the CPS were to get involved and ask for the records it must be produced.
The fact is if the Council are not aware of the defect they can not be held responsible.
Jackhammer
20-10-08, 08:31 AM
The fact is if the Council are not aware of the defect they can not be held responsible.
I drove page the offending chasm in the road again this morning and there is now yellow paint sprayed all over it - markings i have seen on roads just before work is about to be done on it - so i would say that they may be aware of it - time to test the waters !!! My g/f is quite articulate when it comes you letters of complaint so will get one sent in and see what happens :geek:
Jackhammer
20-10-08, 08:32 AM
can i borrow your bike?
lol ..................
no
Dangerous Dave
20-10-08, 11:48 AM
I drove page the offending chasm in the road again this morning and there is now yellow paint sprayed all over it - markings i have seen on roads just before work is about to be done on it - so i would say that they may be aware of it - time to test the waters !!! My g/f is quite articulate when it comes you letters of complaint so will get one sent in and see what happens :geek:
Take some pictures of it, the bike damage and get letter writing....
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