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Do I have a good enough case to claim?

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johnsmith222
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PostPosted: 08:42 - 21 Feb 2010    Post subject: Do I have a good enough case to claim? Reply with quote

Hi.

I crashed my bike yesterday when my front wheel got stuck in a rut in the road. I have two witnesses to what happened and photographs to show you.

I'ts pretty obvious from the pics so ill show you.

https://i14.photobucket.com/albums/a324/david_m213/DSC00357.jpg

https://i14.photobucket.com/albums/a324/david_m213/DSC00364.jpg

https://i14.photobucket.com/albums/a324/david_m213/paint-1.jpg?t=1266739050

The red bike shows where my bike was when i decked it. The other red bit was a mistake. The yellow arrow shows where i took the measuring tape photo.

The photo with the measurement is the rut i came off on. The difference is almost 4 cm with no attempt to ramp it off. If it had been ramped then i may have been able to keep upright.

to make things clear I came off on the rut that goes parallel to the kurb.

Do I have a case to claim the cost of the damage to my bike off the council?

Ramp to me does not tell me there's going to be a significant difference in level of the road left to right with absolutely fuck all attempt to make it a gradual difference.

What do you guys think?
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Vin
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PostPosted: 09:26 - 21 Feb 2010    Post subject: Reply with quote

Did you not see the sign?
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Ichy
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PostPosted: 09:33 - 21 Feb 2010    Post subject: Reply with quote

Not a hope.

What were you doing riding into the side of the hole?
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johnsmith222
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PostPosted: 09:34 - 21 Feb 2010    Post subject: Reply with quote

Vin wrote:
Did you not see the sign?


yes. I expected a ramp, nit a 4cm trench in the middle of my lane.
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lllN30lll
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PostPosted: 10:15 - 21 Feb 2010    Post subject: Reply with quote

Laughing Laughing Laughing Laughing

That is all.
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Kwaks
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PostPosted: 10:17 - 21 Feb 2010    Post subject: Reply with quote

Yes you have a claim, although it will fail.

You will also put yourself in line for a charge or "driving without due care and attention".


Let it go Wink
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Itchy
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PostPosted: 10:19 - 21 Feb 2010    Post subject: Reply with quote

Nope, I mean come on thats the normal state of roads around Manchester.
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ncrn
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PostPosted: 10:41 - 21 Feb 2010    Post subject: Reply with quote

Its a pretty mighty hole but I've hit ones like that before and made it through, did you try to get out of the hole by heading towards the centre of the lane?
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Rob W
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PostPosted: 11:06 - 21 Feb 2010    Post subject: Reply with quote

As said before, what the hell were you trying to do by riding out the side of that hole?

How long have you been riding?
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salty21
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PostPosted: 11:23 - 21 Feb 2010    Post subject: Reply with quote

i think digging out 10 feet for resurfacing is a bit much Rolling Eyes

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hmmmnz
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PostPosted: 11:42 - 21 Feb 2010    Post subject: Reply with quote

the fact that you had to ask, welll - 10 man points for falling off on a 4cm bump
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nasty
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PostPosted: 11:56 - 21 Feb 2010    Post subject: Reply with quote

Not much chance of a claim there mate, the council will say that there is adequate signage warning of the hazard.

While I symathise with you mate, there is also around at least 2 -3 ft of untouched road in that lane to the right of the lane which is where YOU should really have took position as there is plenty room for a bike.

As said before you might land yourself in some trouble for riding without DCAA Sad
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Kickstart
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PostPosted: 12:06 - 21 Feb 2010    Post subject: Reply with quote

Hi

I have fallen off on a similar surface many years ago (road wasn't open though, I just went to have a look Laughing ). If it is dark then you don't have a hope in hell of spotting the drop like that, and when I came off it pretty much flicked me off. Bike landed a fair way from the drop, and I came to rest about 10 feet to the left of the drop (and that was at walking pace).

All the best

Keith
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johnsmith222
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PostPosted: 16:22 - 21 Feb 2010    Post subject: Reply with quote

Rob ZX4R wrote:
As said before, what the hell were you trying to do by riding out the side of that hole?

How long have you been riding?


2 and a half years riding every day.
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st3v3
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PostPosted: 16:32 - 21 Feb 2010    Post subject: Reply with quote

lllN30lll wrote:
Laughing Laughing Laughing Laughing

That is all.
What he put. To be fair I'd expect to see this on 125ccsb.com Laughing

I really don't get how you can not see the hole, we have rivers that are thinner. Smile Me thinks someone was distracted and should be lucky it wasn't more serious; like hitting someone who could claim off said insurance. Thumbs Up
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Phoenix
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PostPosted: 17:57 - 21 Feb 2010    Post subject: Reply with quote

salty21 wrote:
i think digging out 10 feet for resurfacing is a bit much Rolling Eyes

https://www.bikechatforums.com/files/dsc00364_116.jpg


It's one of those manhood tape measures, gives you a litte confidence boost.
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and
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PostPosted: 18:32 - 21 Feb 2010    Post subject: Reply with quote

...

Last edited by and on 16:02 - 24 Mar 2010; edited 1 time in total
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Kwaks
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PostPosted: 19:30 - 21 Feb 2010    Post subject: Reply with quote

ulthar wrote:
The signs say ramp but there is clearly no ramp at all unless it means the sections left.


Clearly there is ramps, both up and down. Pretty steep ones.
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and
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PostPosted: 19:39 - 21 Feb 2010    Post subject: Reply with quote

...

Last edited by and on 16:03 - 24 Mar 2010; edited 1 time in total
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johnsmith222
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PostPosted: 19:43 - 21 Feb 2010    Post subject: Reply with quote

ulthar wrote:
So by ramp, it does not mean the triangle plastic blocks propped against verticle surfaces but the square sections of the road not removed?


There is no sperate ramp.

The tar in the holes is lifted up the way to create the "ramp".
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and
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PostPosted: 19:50 - 21 Feb 2010    Post subject: Reply with quote

...

Last edited by and on 16:03 - 24 Mar 2010; edited 1 time in total
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Kickstart
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PostPosted: 20:08 - 21 Feb 2010    Post subject: Reply with quote

st3v3 wrote:
I really don't get how you can not see the hole, we have rivers that are thinner. Smile


The hole isn't really the problem. The vertical side of it is, and depending on the angle and light it is virtually invisible.

All the best

Keith
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damz
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PostPosted: 02:02 - 24 Feb 2010    Post subject: Reply with quote

i live only a few miles from dave and also do pizza hut deliveries in that area on a scooter and that road is a fucking nightmare at the moment, it wasnt even that bad for potholes before but they are resurfacing it because they have built a new estate and motorway slip road further along.

anoyingly some signs have been tipped over so you can at times be caught out. the main problem is the holes in the road are bloody slippy so if your not going straight on into the hole the back end will slip easily.

also just at that point, maybe a bit closer to the camera is usually slippy as that no entry entrance is the exit for the ring road for a primary school on a slope, so you get all the buses trying to get up the slope and leave a nice puddle of oil/petrol etc.

also its in east renfrewshire and the council has been pretty easy to get claims from as far as iv'e been told.

https://www.eastrenfrewshire.gov.uk/law-and-licensing/pavements-personal-injury.htm

was it at night or during the day?, at night you may have a chance as the lights on that street are pretty bollocks so even though your told there are ramps your not able to see where the ledge is so can be easily caught out. i get it pretty bad on the scooters due to the narrow wheels, the ninja barely notices it thankfully. at night all you typically see is a darker patch on the road, no idea that it has vertical edges until you hit it.
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CaNsA
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PostPosted: 02:08 - 24 Feb 2010    Post subject: Reply with quote

How far before the road surface was lifted was there a sign.

if you know what i mean...

if there was no sign stating road works/ resurfacing / temp surface etc then you might be in luck.

If there was then you fail
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johnsmith222
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PostPosted: 02:17 - 24 Feb 2010    Post subject: Reply with quote

CaNsA wrote:
How far before the road surface was lifted was there a sign.

if you know what i mean...

if there was no sign stating road works/ resurfacing / temp surface etc then you might be in luck.

If there was then you fail


The only signs that were present are the ramp ones next to each individual hole.


Last edited by johnsmith222 on 02:19 - 24 Feb 2010; edited 1 time in total
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