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Mates had an off

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McGee
O RLY?



Joined: 24 Jun 2005
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PostPosted: 01:22 - 12 Apr 2006    Post subject: Mates had an off Reply with quote

Right,

Quote:
He was doing 30 round this bend and there was mud on the road also passing some pot holes, he hit the mud and the bike went down


His bike is a write off and he broke his coller bone.

Problem is his bike was only tpft, what does he do now can he sue the council for poor maintained roads ?
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Its pronounced Jixxer!
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veeeffarr
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Joined: 22 Jul 2004
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PostPosted: 01:23 - 12 Apr 2006    Post subject: Reply with quote

Can you sue for mud?

You need to contact the highways agency.
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map
Mr Calendar



Joined: 14 Jun 2004
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PostPosted: 10:02 - 12 Apr 2006    Post subject: Re: Mates had an off Reply with quote

McGee wrote:
...can he sue the council for poor maintained roads ?

I think that's tricky because of two points. First the council must know about the problem (i.e. someone has already told them). This may not be the case on a main road though. Second point is the hole must be a certain depth (at the moment I can't remember what though).

Having said that it would be worth giving them a ring. However, before that get down there first and measure and photograph the problem. It's not unknown for there to be a problem and council to quickly send out a gang to put tarmac patches over the holes and your proof disappears.

If the mud was from a farmers field/tractor or from other building work then the farmer/builder is liable as they should clean it and/or put up warning signs. See this page which says
Quote:
Civil action can occur where the presence of mud results in personal injury, damage to property, loss or inconvenience. The presence of mud can constitute a public nuisance and loss or injury can result in a claim for negligence.


However, never having had an accident on mud I don't know if you have to sue or if you claim on your insurance the insurance company does it on your/their behalf. Maybe others will know the answer to this one.

HTH Thumbs Up
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Skub
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Joined: 11 Mar 2006
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PostPosted: 10:37 - 12 Apr 2006    Post subject: Re: Mates had an off Reply with quote

McGee wrote:
Right,

Quote:
He was doing 30 round this bend and there was mud on the road also passing some pot holes, he hit the mud and the bike went down


His bike is a write off and he broke his coller bone.

Problem is his bike was only tpft, what does he do now can he sue the council for poor maintained roads ?


If you are the same chap who posted the query on visordown,I answered your question there.
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SoND
World Chat Champion



Joined: 10 Jul 2005
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PostPosted: 11:16 - 12 Apr 2006    Post subject: Reply with quote

You're in america right? You could sue everyone, especially whoever made the road.
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Jack_Cheese
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Joined: 14 Jul 2005
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PostPosted: 11:30 - 12 Apr 2006    Post subject: Reply with quote

Agreed, if you live in America just get him to sue everyone he can think of, there's gotta be a judge stupid enough to award him some money!

Jack
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Nath
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Joined: 28 Jul 2004
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PostPosted: 11:45 - 12 Apr 2006    Post subject: Reply with quote

McGee, you claim not to be an American... But that is a very American attitude. If he binned his bike then he binned his bike, don't go looking for people to blame.
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bazza
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Joined: 27 Aug 2004
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PostPosted: 12:55 - 12 Apr 2006    Post subject: Re: Mates had an off Reply with quote

McGee wrote:
Right,

Quote:
He was doing 30 round this bend and there was mud on the road also passing some pot holes, he hit the mud and the bike went down


His bike is a write off and he broke his coller bone.

Problem is his bike was only tpft, what does he do now can he sue the council for poor maintained roads ?


Tell him to sue himself for not paying attention.
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Wave2k
G's Stalker



Joined: 06 Apr 2004
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PostPosted: 12:59 - 12 Apr 2006    Post subject: Reply with quote

sue bush, the war in iraq is the reason for these poorly maintained roads, while your at it, sue mcdonalds for making you fat.
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tatters
Exxon Valdez



Joined: 04 Jan 2004
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PostPosted: 13:02 - 12 Apr 2006    Post subject: Reply with quote

SoND wrote:
You're in america right? You could sue everyone, especially whoever made the road.



Don,t forget to shoot who ever made the road as well Wink
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jonnay
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Joined: 16 Mar 2005
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PostPosted: 13:19 - 12 Apr 2006    Post subject: Reply with quote

And take out a restraining order against whoever INVENTED roads..

Then sue the judge for wasting your time Wink
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McGee
O RLY?



Joined: 24 Jun 2005
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PostPosted: 14:53 - 12 Apr 2006    Post subject: Reply with quote

SoND wrote:
You're in america right? You could sue everyone, especially whoever made the road.


I am he isn't.

My mate just wanted to knowi f it was possible to claim compensation.

And dont you ever f*cking call me a yank again. I hate this state and I hate the people.
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Its pronounced Jixxer!
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doggone
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Joined: 20 May 2004
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PostPosted: 18:25 - 12 Apr 2006    Post subject: Reply with quote

Mud, potholes, always somewhere about and a known hazard to bikes.
If he/we ride them we have to assume that they may be there and ride accordingly in my opinion.
You can't expect a race-track-perfect surface on public roads, and proving the exact source of a bit of mud is hardly going to be easy.
If the bike isn't 100% perfectly maintained particularly tyres and pressures and suspension maybe that was more of a problem than the road anywa. At 30 you should be Ok unless something really monstrous was on the carriageway and that should have been obvious enough to avoid.
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Aikman666
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Joined: 20 Dec 2004
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PostPosted: 18:59 - 12 Apr 2006    Post subject: Reply with quote

Was it reported to police when it happened? If it wasnt he hasnt got a leg to stand on.
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Jack_Cheese
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Joined: 14 Jul 2005
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PostPosted: 11:22 - 13 Apr 2006    Post subject: Reply with quote

If it's over here then he does have grounds for a claim. Potholes are the responsibility of the highways agency i think, but claiming will be a nightmare. The council and highways agency might try and put the blame on one another.

I think there's a standard procedure for claiming from the highways agency, but you'll need pictures of the pothole and the bike, pictures of the immediate aftermath would be good, but i don't know if he's taken any. You should be able to claim something.

Jack
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 13:25 - 13 Apr 2006    Post subject: Reply with quote

Tell him to ask a solicitor instead of BCF where the collective mind is more interested in making stupid yanks comments. Rolling Eyes

Solicitor would be needed if he could sue them, and if BCF reckons he can't sue them then he'd want to check that with a solicitor anyway.
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Skub
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Joined: 11 Mar 2006
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PostPosted: 13:29 - 13 Apr 2006    Post subject: Reply with quote

Ste wrote:
Tell him to ask a solicitor instead of BCF where the collective mind is more interested in making stupid yanks comments. Rolling Eyes

Solicitor would be needed if he could sue them, and if BCF reckons he can't sue them then he'd want to check that with a solicitor anyway.


I told him as much on another forum.....don't think it goes in,though. Rolling Eyes
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McGee
O RLY?



Joined: 24 Jun 2005
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PostPosted: 13:30 - 13 Apr 2006    Post subject: Reply with quote

Cheers guys,

Ste he is checking with one as far as im aware Thumbs Up Ta though mate Mr. Green
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Its pronounced Jixxer!
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colin1
Captain Safety



Joined: 17 Feb 2005
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PostPosted: 16:49 - 13 Apr 2006    Post subject: Reply with quote

i think the key is that he passed some pot holes, but it was the mud or road dirt which made him hit the deck.

The council may be responsible for the pot hole but that didnt cause the accident. They are not responsible for mud or loose gravel being on their road.

Of course he could lie and saying it was a pot hole that cause the accident and they might just fancy giving an amount to stop it being taken further.
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SoND
World Chat Champion



Joined: 10 Jul 2005
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PostPosted: 17:56 - 13 Apr 2006    Post subject: Reply with quote

McGee wrote:
And dont you ever f*cking call me a yank again. I hate this state and I hate the people.


Laughing
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palmer
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Joined: 21 Jul 2004
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PostPosted: 07:27 - 14 Apr 2006    Post subject: Reply with quote

Cant understand why you live there McGee.......
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McGee
O RLY?



Joined: 24 Jun 2005
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PostPosted: 16:06 - 14 Apr 2006    Post subject: Reply with quote

In the us?

I thought I would give it a try spent a while in cali loved every min of it. (run out of money had to go back with rents to nc what a stupid ass mistake)

Moved here, what a shit hole. It's like if you dont go to there churchs or were born here your not accepted. Theres a bloke in my college from detroit been here 4 and half years and still no one will accept him.

The only people to really talk to me are the black people which is great to be honest as the racsim is still here and it shows how fucking lame the red necks are. The class rooms feel segragated white people will not sit with them its like Shocked Also the black people here are more educated they can talk tidy (no red neck drawl) etc

So its the white trash who ruin this place Confused

I will move back but only when I am ready Laughing and its back to cali.
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Its pronounced Jixxer!
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