Come off on gravel shed by lorry

[keggyhander]

On thursday evening I was riding home from work. It was the first time I'd been out on it in a fortnight because I'd been replacing the starter clutch and some of the parts were delayed, so I spent the downtime getting the bike into really good condition with some new chrome trim and bodywork.

I was coming from Whittington near Chesterfield, towards Barrow Hill, coming downhill past the golf course. As I got to the bottom of the hill around the blind bend I saw a chuffing great patch of hardcore stretching all the way across my side of the carriageway. I slowed down enough to straighten the bike up, figuring to make the turn when through it, when the front just went out, dumping me on my left side.

The bars got bent into the tank putting two big creases in it. The speedo somehow got smashed and the headlight case is cracked. The clutch cable is a mess where it goes into the lever and the rubber is shredded.

I've got a bit of gravel rash on my knee, but I was wearing an armoured jacket and my shoulder is hurting like fuck.

I rang the council yesterday to complain (there's a bypass development nearby that is probably responsible) but she simply recorded the call and told me to write to the Insurance dept of the Environmental Services division, with photos of the hardcore and damage to myself and the bike. I collected a sample of the debris and it was freshly quarried hardcore, from sand-particle size up to large marble size.

I considered going through the insurance but I figure the repairs at 400 quid yet my excess is 200, then I'd have to go through the rigmarole of damage assessors, quotes from approved dealers, then waiting for parts to arrive. That would take an amount of time which is unacceptable to me.

Instead, the parts are on the way from Ebay, and I'll get it back in shape within a week.

So, my point is do I have any basis for a claim against the council, bearing in mind that I pay via road tax for use of the road and this obstruction cause me to lose my use of said road through no fault of my own?

Your advice is greatly welcomed.

[jack_zxr400]

Yes I would have thought so.

Did you take pics of the road and damages and injuries etc?
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Previous Bike: ZXR 400
Current Bike: R6
Test Date: 8/8/2008-PASSED

[keggyhander]

Yes, all pictures taken. Samples collected also.

[salty21]

i live in chesterfield but rarely travel toward's barrow hill for fear of coming out the other side with no wheel's lol, but cheers for the head's up. Hope you get it sorted soon and think you are right for seeking a payout as it doesn't sound like it's your fault, they can be dam slippy them pebble's.
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04 NSR 125(sold) ---- 03 CBR 600rr(sold) ----90 pan euro ST1100 '' ----02 CG 125
94 CB400 Super Four ---- 2000 VTR SP1 (sold) ---- 08 ninja p8f(sold, meh) ----05 CBR600rr

[ajb]

The council will have a department that deals with claims against them, they have insurance (that's what she'd be refering too).

Phone up and ask to make a claim, you'll get a form to fill in, and send back with your evidence, might even be a case for personal injury, because if the debris is from a 'development up the road' they should be taking reasonable steps to ensure they do not spread debris onto the carriageway (eg. wheel washers at site exit etc.).

I would seriously be speaking to the relevant department to bottom it out.



PS. Road tax goes to the government, not the Council, road maintenance is funded primarily though council tax (and sometimes capital from government for larger projects.)
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CBR125R '05 > CB500 '00 > CBR600F '99

[swiftb]

I would say you have a good case although getting someone to pay out could be more than difficult. I know of case in the past where a pal had a damaged alloy wheel and tyre due to running through a horrendous pothole (at night) with no warning signs or markings etc and iirc he made a succesful claim. Slightly different as debris is not permanent but if you have good photographic evidence and a sample then id be optomistic. Good Luck

[yuri2085]

Yer I think you are mistaken about the insurance claim.
It is their insurance so you wont be paying excess or having higher premiums etc.
You can only claim on your insurance if you are fully comp (but like you said, it wouldnt be worth it).

[Flip]

It'll probably take ages for a claim to go through. If you can fix it yourself then great. If you can leave your insurance out of it then even better. Hope you get it fixed soon.

[rac3r]

just went over some gravel myself fook me I shit myself, the rear end fish tailed a little but it was a first time for me There was only a hand full on the road as well.

Hope you get it sorted mate
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Bikes : 2006 CBR125R - 2004 Monster 620ie - 2004 ZX-6R B1H - 2005 Monster S2R 800 - 2011 Street Triple - 2009 Streetfighter 1098 - 2014 ZX-6R 636

[Thom]

Id certainly say you had a claim, the gravel was the cause of your accidnet, the gravel was caused by the actions of the people and the dveelopment therefore its their fault. Whether or not you should claim against the company responsible for the work is another question.

I was going round a gentle left hander after i bought the divvy and found myself slipping about, didnt have a clue what had happened at first but again, gravel from building works.
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Current Bike: 1996 Yamaha TRX850 (The Japanese-Ducati One).
Previous Bikes: 1990 Honda NSR125 'Rothmans' (The smoking one), 1990 Suzuki GS500e 'Caf? fighter' (The loud one), 1987 Kawasaki GPX400r (The quick one), 1997 XJ600s Diversion (The reliable one), 2000 Kawasaki ER-5 (The spontaneously combustive one)

[multijoy]