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Pothole Crash

by mancsi
Thu, Aug 04, 2016 08:19
9

Morning,

Quick question in relation to an accident on 18 July 2016. Cycling to work on my standard 13 mile commute in terrible weather heading along Barlow Moor Road in Didsbury, just after the Woodstock Pub. There was what i assumed a puddle, with a car to my right i couldnt move out and decided to go through it. I was catapulted over the bars shattered my collarbone and covered in cuts. Tha ambulance cut all my cycling gear from me and whisked me to the MRI to be patched up. Can I claim? Does the pot hole have to be a certain depth? Any information, advice and recomendations on solicitors will be appreciated.

If you're new please join in and if you have questions pop them below and the forum regulars will answer as best we can.

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9 comments

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Leviathan | 8 years ago
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Mancsi, did you get those pictures, I've heard Wanksy is in the area.

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mancsi replied to Leviathan | 8 years ago
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Leviathan wrote:

Mancsi, did you get those pictures, I've heard Wanksy is in the area.

 

I am going this evening!! Spoken to Slater and Gordon. I love Manchester and dont like to use the personal injury services but where its warrented! Cheers for the help and might bump into you one day when were out!

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mancsi | 8 years ago
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Thanks for all the advice. I'm going to go over tomorrow afternoon and take pictures and measurements. Leviathan that picture is the spot where I came off. They wanted to leave my bike on the forecourt of the petrol station opposite. I'll post my pictures tomorrow afternoon and see what slater and Gordon say. 

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Leviathan | 8 years ago
1 like

This is just one of the quality repairs done by utility companies along Barlow Moor road. I don't know if this is the pot hole in question, but I always try to take the lane for this bit.

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richardpw1981 | 8 years ago
1 like

The road has been in a poor condition for years and the council refuse to do anything about it. 

I reported the long line of potholes in this location specifying they were on both sides of the road and stating how dangerous they were. This was in June of this year. Their reply to me on 28th June was 'one of our highways inspectors has assessed your report reference number CRM-272-5333. We have inspected the problem and found that it is not a threat to safety'  ............

There must also be a record of a number of potholes already reported in this road. 

Have you tried the CTC/Cycling UK personal injury claim site- they provide a service to members and non members. Could reports like mine and the words used by the council stated above assist in your claim and in getting the council to the point of actually repairing the road?

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Leviathan | 8 years ago
2 likes

Its a small world, I go past there most days to work. There are a big mess of potholes on the left were a strip of repair of jags into the road. Normally you can move over but passing cars often force you into the damage caused by buses. I will take some pics later if I can. 

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mancsi replied to Leviathan | 8 years ago
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If you can get afew snaps that would be great. I havent had change to get back since the accident as cycling driving are impossible at the minute. I would normally move out, there was a car stopped indicating to turn right and a second car was passing this stationary vechicle leaving me in the ditch! All advice help is much appreciated.

 

Leviathan wrote:

Its a small world, I go past there most days to work. There are a big mess of potholes on the left were a strip of repair of jags into the road. Normally you can move over but passing cars often force you into the damage caused by buses. I will take some pics later if I can. 

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mortbone | 8 years ago
1 like

I succeefully claimed against Manchester council for Pot hole damage . You need to take pictures of the pot hole (before they fill it). Get a quote for a bike repair from a reputible source and the clothing reciepts. They did have a form On Line when I claimed 2 years ago. They may not pay the full amount but often make you a reasionable offer. I wasn't injured so i didn't need to claim any medical expenses or compo so i'm not sure if they pay out for that.

 

I think the CTC or Cycling UK offer advice (www.fillthathole.org.uk/) I would assume BC do too. 

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Dnnnnnn | 8 years ago
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You probably need to prove the highway authority (the local council in almost all cases) had failed in its duty to maintain the road. That duty is usually satisified if the authority has followed its inspection schedule for the road, and acted appropriately on any reports by the public of a pothole (which is why you should always report them on fillthathole.org.uk or similar - it creates a duty on the council).

I don't have any direct experience of using solicitors for this sort of thing, I'm afraid. Cycling UK (formerly CTC) membership would have been useful for accessing legal advice, amongst other things. Some other organisations offer similar benefits.

Assemble your evidence before making a claim. Local authorities will often initially reject claims on the basis that they can, rather on whether they were liable or not. Don't make it easy for them to do that.

www.fillthathole.org.uk/faq/can-i-claim-compensation-damage-or-injury

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