View Full Version : Anyone claimed comp from the council?
As it says on the tin!! dropped the bike on friday #-oand damaged all the right fairings due to a pothole in a car park, Crash bungs would have done there job except that it was that big the bung went straight into the hole.
so anyone done this and was it successful? any and all advice appreciated:o
-Ralph-
22-06-09, 11:42 PM
46 views and no replies?
Sorry to hear you dropped the bike. ER6, SV or CBF?
Well I can't offer any knowledgable advise I'm afraid, but I thought i'd post just so you knew there was still somebody out there with functioning fingers.
Seggons
22-06-09, 11:50 PM
I think it depends on if the pothole has been reported or not before. If it has been reported and something like 10 days has gone past without them fixing it then your bob on the money. If it hasn't and your the first to report it then normally it's doubtful but just to be on the safe side I get some piccys of the hole and damage in case you are able to pursue it. :)
davepreston
23-06-09, 01:04 AM
yea if its been reported over a month before then you can claim (they have 30 days to fix defects) if not sorry your out of luck
Red Herring
23-06-09, 04:17 AM
Sorry, not wishing to sound to unsympathetic but if it was that big how come you didn't see it? I've always taken the view that my responsibility to look after myself far outweighs anyone else's so if I can't do it I can hardly expect them to. Half the challenge of riding a bike is overcoming these little hazards.....
Samurai Penguin
23-06-09, 06:49 AM
Put in a claim. Find out the name of the head of the car parks section at the council and put your claim in writing to him. Take photographs of the pot hole asap, and put a 50p coin in the hole to show the scale.
A car park should be checked regularly by the council. If they cannot prove that they carry out regular checks then your claim is stronger. You will loose nothing by putting in a claim. Insist on seeing all the records, and put in a FOI request if they refuse.
If you need further help let me know.
punyXpress
23-06-09, 09:15 AM
Don't forget to pick the 50p up!
I have claimed for a tyre damaged on a private road.
The road was poorly maintained and poorly lit which resulted in me going down a monster pothole in my car. The hole slashed the side wall of my 2 month old tyre.
dizzyblonde
23-06-09, 09:31 AM
Put in a claim. Find out the name of the head of the car parks section at the council and put your claim in writing to him. Take photographs of the pot hole asap, and put a 50p coin in the hole to show the scale.
If you need further help let me know.
I was going to say all this, it can and has worked before, for someone I know.
I know someone who came off their pushbike going over a pothole and fractured his wrist, he got a nice compo lump, he also had witnesses with his photos. I have heard of people making claims for motorbike damage due to potholes too.
But as said, you have to make sure that the evidence is there, or you'll get sod all off them
Luckypants
23-06-09, 09:38 AM
I have not claimed from the council, but successfully claimed for a new mirror on the VFR after it rolled off the sidestand into a yawning pothole next to a petrol pump. The petrol station management company paid after filling in a form immediately after the event and writing them a letter.
Sorry, not wishing to sound to unsympathetic but if it was that big how come you didn't see it? I've always taken the view that my responsibility to look after myself far outweighs anyone else's so if I can't do it I can hardly expect them to. Half the challenge of riding a bike is overcoming these little hazards.....
i had seen it and was reversing out of the space as due to the car park being busy with tourist didn't have space to reverse in. I was paying attention to not making sure that i didn't put the wheel into it. Had to stop and then foot went into it hence the reason i went over
Photo's has been obtained and report logged with the council and a claim form will be issued to me. I didn't do the 50p coin - i done my foot seeing as it was that deep!
the holes have been there since year dot I hate the car park becuase of it but nature called. so far the damage without labour is £600 for panels alone - the dealers will have a better look if required but they have said will probably put on a mirror and poss exhaust! (bit only if the council pay)
also got a helmet to add - so i better not come off at the weekend!
Ralph - ER6 unfortunately, the SV is offically no longer mine so i can ride it again!
well nearly 12 weeks later and i'm chasing this up - i have been given my own claims handler and at least they didn't say no from the outset.
also believe that the pothole s still have not been filled - me fears i'm going to do some personal injury in the next few weeks - that could pay for christmas
kwak zzr
02-11-09, 02:53 PM
my mate is claiming off the council now as we speak :) he slipped and badly twisted his ankle last Christmas when he trod in a pot hole on a pavement (yes i said last Christmas) go knows how long these things take!
Owenski
02-11-09, 03:05 PM
The boss does a lot of expert witness for cases such as these, the motorbike ones are alarmingly high. People dropping them like your self or damage to the bike from hitting one on ride line. He's even managed to have someone a full payout for a wet manhole cover! It was that old it was practially a metal sheet, no texture at all. Anyways these claims are more common than you might expect.
I do wonder about it not been fixed yet though, are you sure its not a private car park. Is it defeinetly council run?
yup the council defo own it - the inital phone call when i described it the girl knew exactly what one it was and ask if that was the one with the toilet block in it.
the girl knew exactly what one it was and ask if that was the one with the toilet block in it.
Are you sure this was a pot hole? It sounds more like a cess pool to me....
I'll get me cloak.
Are you sure this was a pot hole? It sounds more like a cess pool to me....
I'll get me cloak.
what you like?:bounce:
Quiff Wichard
02-11-09, 05:10 PM
Tim Wilky did this didnt he over a pot hole his wife fell down??, WELL NOT DOWN. SHE AINT THAT SMALL.. she turned her ankle I believe in the pot hole
Claimed for a new tyre and rim before...but off a private party for a pothole on their land that ripped the sidewall of the tyre and damaged the alloy.
timwilky
03-11-09, 08:21 AM
Not quite Quiff mate.
I tried against the local council when I fell in a pot hole and broke my leg.
They produced documentary evidence that the road had been inspected and repaired 9 months prior and that they were unaware of any defect and not liable. My solicitor would not run with it after this.
Annoying as they repaired the defect within weeks of my claim. The road has 4 months later again been inspected and more defects including the repaired pot hole identified. I could I guess have argued that an annual inspection was not sufficient for a road with the usage pattern (access to an industrial unit and therefore used by heavy vehicles).
But at the end dof the day. The councils have a statutory defence (section 58 ) against a claim if they are unaware of the defect and can demonstrate a reasonable system of inspection and maintenance
Quiff Wichard
03-11-09, 08:50 AM
aha cheers Tim.. me wasn't far off the mark then.
I knew it was a woman who fell over..
Not quite Quiff mate.
But at the end dof the day. The councils have a statutory defence (section 58 ) against a claim if they are unaware of the defect and can demonstrate a reasonable system of inspection and maintenance
that will be a good one seeing as we can prove the holes was there a least a year before i went into it and major roadworks had just been completed by the council just before
timwilky
03-11-09, 09:13 AM
You would need to be able to prove that the defect had existed all that time, and had not appeared since their last inspection.
So for that you generally need witnesses who are prepared to stand up in court if necessary and state the defect has been there all that time.
You need to prove they are negligent in failing to identify the fault and this defect is the cause of the damage you sustained.
You would need to be able to prove that the defect had existed all that time, and had not appeared since their last inspection.
So for that you generally need witnesses who are prepared to stand up in court if necessary and state the defect has been there all that time.
You need to prove they are negligent in failing to identify the fault and this defect is the cause of the damage you sustained.
i used to like you!! - only joking:smt023 - I shall see how it goes i'm not hoping too much but if it does swing my way then good -
The damage doesn't show too bad esp seeing as it made it all the way down to wales and back and even after close inspection by Pegasus wasn't mentioned. (
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