I would be interested in getting some legal advice from the ever knowledgeable forum members.
I was riding my pedal cycle earlier today in a country lane in Surrey. A tractor had stopped at the side of the road, I overtook the tractor, it was raining, the road had a coating of water, as I rode past the tractor my front wheel dropped into a hidden pothole and I came off.
Apart from being shaken up and getting thoroughly wet from laying (lying?) in the road, I have some injuries. My right knee is gashed, bruised and scuffed, my right hip is also cut, bruised and abraded, my right elbow is bruised. On a superficial examination, my bike is undamaged.
Is it worth pursuing the Surrey County Council for damages and would one of the Compensation4You outfits be the best route to follow?
All advice gratefully received.
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I'm not a legal eagle, but I suspect that you would have to prove that Surrey County Council had been previously made aware of this pot hole. If they did not know about it, how could they be expected to repair it?
I do hope that you're not too badly hurt and shaken up, and that you're back in the saddle as soon as possible.
All the best.
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Are you in the CTC or similar? They're pretty good with compo where it's due.
If not it may still be worth perusing their website to see if there's any form of after the event cover.
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www.potholes.co.uk/claims/step_by_step_guide
Can't go far wrong following this template.
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I'd also suggest checking www.fixmystreet.com/
You may find it's been reported before, in which case it'll strengthen your case.
I wasn't aware of RP's suggested site.
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Sorry to hear of your accident Duncan. Wishing you a speedy recovery. I wouldn't have a clue if you have any chance of making a claim but as I fall off my bike most weekends and have done for years it'll be interesting to know... I might be worth a fortune !
In fairness though I'm usually doing something stupid on the side of a mountain or in a forest with it at the time.
:-)
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I take it you took plenny of pics of said pot hole Dunc?
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Now let's see, if I've fallen of 20 times a year for 30 years....
Flippin' heck I'm minted !
:-)
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I successfully pursued a personal injury case to conclusion, using a local firm of solicitors (wouldn't recommend them)
You are going to need to document your injuries, if you havent been to the doctor or A&E forget it you don't have any documented injuries. Unless you have a broken bone at least you are looking at 1500 quid max for cuts bruising and shock.
(I got 10 grand for a broken elbow, and a cut requiring stitches on my leg)
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10 grand? Now let's see...
:-)
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>> 10 grand? Now let's see...
>>
>> :-)
Too late, Lancer and Trip to the states.
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Sorry to hear of your accident Duncan. At the end of the day though to secure damages you not only have to prove the council were negligent in nor repairing the road you have to consider what financial loss you have really incurred. From what you say you are basically OK apart form a few bumps and and scratches which will soon mend and your bike is OK.
The answer in financial terms is therefore not a lot. Put it down to experience and have a drink.
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It might make a difference too that the road was wet. I know it's unrealistic to test every puddle before venturing in, but isn't that what we are supposed to do?
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"Sympathy is the first condition of criticism".
Henri Frederic Amiel
:-))
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Thank you all for the replies.
After I came off the computer, I recalled that the CTC, of which I am a member have a claims line type of thing. I may have a look at that.
A couple of websites that I have looked say that I must go to my GP or a hospital to get my injuries on record. I must photograph the road and get at least two witnesses. All of which is possible, but involves me in some work.
In the cold light of the morning after, although I have bruised and broken skin, I am not sure that I can be bothered. I may just put it down to experience!
Last edited by: VxFan on Thu 3 Jan 13 at 10:28
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I went to the CTC after my accident in July.
The injuries were a matter of record as they required surgery. The first thing I was asked to do was obtain pictures of the site and of the tyres on by bike. The latter were in issue as I lost control on a slippy surface.
The pictures would no doubt have been evidence but in the event the lawyer concluded from them that I had little chance of success.
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>> The pictures would no doubt have been evidence but in the event the lawyer concluded
>> from them that I had little chance of success.
Sorry B - you mean the pictures of the site led him to that conclusion, or of your tyres, or both?
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>> Sorry B - you mean the pictures of the site led him to that conclusion,
>> or of your tyres, or both?
The site, the Schwalbe Marathons on my Brompton were in perfect condition.
My car was on the upper deck of a 'meccano' car park and I foolishly rode across the soaking wet metal decking when retrieving it.
Solicitor concluded that presence of warning signs and the dimpled surface of the deck were sufficent warnnig/precaution.
Last edited by: Bromptonaut on Thu 3 Jan 13 at 11:10
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Legal Eagles - Advice Please - Badwolf
