Road surface...coming off...insurance

So the roads around birmingham are in a dire state, some potholes are significant enough to take people off bikes, easily. Theres a very bad one down by the Lei Ling on the A38 on a roundabout, I don't go down there alot and I was fairly close to coming off as my front end wobbled and I was sent towards a pedestrian railing.

If I did come off, what would the situation be? In terms of insurance...if the accident is caused by poor road surface, on something as significant as a roundabout?

Anyone had this experience?

I'd think if you claimed it was the road surface you'd have to proove it was sufficiently deep and wide enough to catch a wheel... then you'd probably get a "non fault" claim.. but yeah you'd have to photograph it with a rule or something showing the dimensions.. 'cause if the council catch wind of it they'll fill it in...

That's why I have a disposable camera under my pillion seat.

[timwilky]

There is a basic problem with claims like this, (going through it because of my bust leg)

You need to prove negligence on behalf of the council, that they should have known about the fault and failed to repair it.

They will probably state we inspect the road in line with recommended guidelines and no fault was found at the last inspection, or report since. this is a statutory defence under section 58 of the highways acts.

You then need to find an independent witness to state the defect has existed longer than since their last stated inspection. At that point either they failed to observe the defect, or failed to conduct the claimed inspection etc.

fun, you watch the adverts and belief you have a valid claim as a result of an accident etc. You need a good solicitor to prove they were negligent and you suffered a loss as a result

Sounds a right ballache. It could easily not go your way then...I have a keyfob with a council pothole repair phonenumber, i've called it a couple of times but they say they have a massive list after the winter etc. and it may take a while even though they know of it.

I honestly think birmingham city council are one of the worst for road surface upkeep...some places are 100% unacceptable

Theres some pretty bad ones up where i live .

Why cant we get european roads, even the ones on the mountains are better thaqn yer average A road in england.

they seem to just patch them up, like a plaster, then that gets mashed cus its not done right, then again and again, until they actually can't put it off longer, then spend a few months putting a whole new one down! its a ****ing shambles...

Originally Posted by cb5_keith

Sounds a right ballache. It could easily not go your way then...I have a keyfob with a council pothole repair phonenumber, i've called it a couple of times but they say they have a massive list after the winter etc. and it may take a while even though they know of it.

I honestly think birmingham city council are one of the worst for road surface upkeep...some places are 100% unacceptable

You're doing the right thing. Once they've been notified of a pot-hole, they have to fill them in within a certain time period and, if they don't, they're fully liable for all accidents occurring after that point. I'm not sure how long it is but I think it's 2 months.

I remember reading that most councils spend more on payouts for accidents caused by potholes than they do on road maintenance, which pretty much says it all.

Originally Posted by ranathari

I remember reading that most councils spend more on payouts for accidents caused by potholes than they do on road maintenance, which pretty much says it all.

Yeah wouldnt surprise me. I have little faith in this country as it is, it just adds to the list of disappointments. Between here and work and uni, 5-10 miles i think i could tell you every pothole and manhole cover there is!

Because of my job I carry a can of road marking paint in the back of the car. Great fun when I ring up the 'pothole hotline' and inform them of the offending chasm in the tarmac AND that I have helpfully marked it for them. It normally gets fixed pronto as once it is marked they cannot claim not to have been able to find it

Obviously i'm only able to do this on estate roads and footpaths as it would be too dangerous to park up on the side of a major road...but every little helps.