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How do I make a claim against the council for road condition

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WD Forte
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PostPosted: 13:37 - 04 Jan 2022    Post subject: Reply with quote

A grands worth of damage at 10-20 mph?

Like this?
https://external-content.duckduckgo.com/iu/?u=https%3A%2F%2Fmedia.giphy.com%2Fmedia%2FktUsg2ZhOyEtG%2Fgiphy.gif&f=1&nofb=1

We've had no pics, paint diagrams, google maps nor nuffin we aint
Why not show us this hideously dangerous road and the horrific damage it caused?
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rpsmith79
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PostPosted: 13:52 - 04 Jan 2022    Post subject: Reply with quote

WD Forte wrote:

We've had no pics, paint diagrams, google maps nor nuffin we aint
Why not show us this hideously dangerous road and the horrific damage it caused?


Good point, if the road is always in a poor condition, would google maps street view not help your argument?

But pretty much as everyone else has said, put it down to experience, and claim the damages off your insurance, that is what you pay your premium for
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xX-Alex-Xx
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PostPosted: 14:10 - 04 Jan 2022    Post subject: Reply with quote

rpsmith79 wrote:


But pretty much as everyone else has said, put it down to experience, and claim the damages off your insurance, that is what you pay your premium for


Just remember you'll be declaring an at-fault accident for the next 5 years (or more) so expect premiums to go up.
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ThunderGuts
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PostPosted: 14:41 - 04 Jan 2022    Post subject: Reply with quote

If the Council didn't know about it, they can't be reasonably expected to act on it and therefore can't be held responsible. If the mud is tracked in from a field, the farmer is responsible for clearing it up in theory - the Council will say it's got nothing to do with them (if the Council were told about it, they'd probably issue a notice on the farmer - it's still the latter's responsibility). If it's from vehicles driving badly and overrunning the edge of the road regularly and churning that up, again the Council can't really be held responsible for that either - that's people's naff driving (and there's a lot of that about).

By all means try for a third-party claim with the Council, but I'd be extremely surprised if you succeed. I think in reality you need to chalk it up to experience; if the road surface was that difficult to judge, either your headlights are substandard, your eyesight has issues or you were going too quickly (and yes, 20mph can be too quick if it's sufficiently hazardous).

Look on the bright side - you've walked away from it. £1k isn't pocket money, but it could have been a lot worse. I would probably try and do "bare minimum" repairs out of your own pocket if you can as I suspect your excess plus loss of NCD / increased premiums would likely exceed that figure.
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steve the grease
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PostPosted: 15:18 - 04 Jan 2022    Post subject: Reply with quote

I know it's a big jump from "I know I'm right" to "Well OK I might be right in my head, but meanwhile in the real world...."
Everyone agrees , you may have a point , but you havent got a chance taking a Council to court.
Bear in mind the following:
Council has assets of millions, they are spending other peoples money to defend the case you will be spending yours to persue it.

The Council, will have a legal department, will know the law and used to dealing with things like " Your binmen spilt rubbish all over my lawn and it cost £200 to get someone to clear it up." All day long.

95% of civil cases are settled before coming to court in an informal hearing. It is a moot point whether you actually have a case to bring....
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Fat Angry Scotsman
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PostPosted: 23:27 - 04 Jan 2022    Post subject: Reply with quote

steve the grease wrote:
95% of civil cases are settled before coming to court in an informal hearing. It is a moot point whether you actually have a case to bring....


Of the last six times I’ve been to Civil Court all six of them were heard formally Laughing

The only time another party tried to settle was when I challenged the validity of the alleged debt as they couldn’t prove it even existed. They tried to do a settlement but I just said “nah I’ll see what the Sheriff thinks”. Case was dismissed.
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doggone
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PostPosted: 23:52 - 04 Jan 2022    Post subject: Reply with quote

ThunderGuts wrote:
If the Council didn't know about it, they can't be reasonably expected to act on it and therefore can't be held responsible. If the mud is tracked in from a field, the farmer is responsible for clearing it up in theory - the Council will say it's got nothing to do with them (if the Council were told about it, they'd probably issue a notice on the farmer - it's still the latter's responsibility). If it's from vehicles driving badly and overrunning the edge of the road regularly and churning that up, again the Council can't really be held responsible for that either - that's people's naff driving (and there's a lot of that about).

Some good points here however it's unrealistic to assume that rural roads are going to be kept mud and debris free so you should ride accordingly.
It is common for vehicles to squash mud from the verge when trying to pass.
Some soil types will erode down field tracks and constantly bring debris onto the carriageway there is no realistic way for this to be eliminated on minor roads whose original purpose was to access farms and fields.
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Jay1000RR
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PostPosted: 09:37 - 05 Jan 2022    Post subject: Reply with quote

TBH, they will put it down to rider error. as mentioned in post #2.... They will come back with something like.... you were riding and not taken the conditions into consideration etc.... anything thing to avoid them saying they were liable.

So on this occasion i think you have taken a hit on the expense.

but in future, try and avoid that road if at all possible?
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PotatoHead202...
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PostPosted: 17:23 - 05 Jan 2022    Post subject: Reply with quote

Might be worth putting in a FOI request as to whether the debris/mud etc has been reported there before (especially recently) and what - if anything - had been done about it. Make sure to include your local Councillor as well as otherwise the shysters in the Council generally ignore you. Pretty sure there is a duty of care here.
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NutsyUk
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PostPosted: 18:59 - 05 Jan 2022    Post subject: Reply with quote

PotatoHead2020 wrote:
Might be worth putting in a FOI request as to whether the debris/mud etc has been reported there before (especially recently) and what - if anything - had been done about it. Make sure to include your local Councillor as well as otherwise the shysters in the Council generally ignore you. Pretty sure there is a duty of care here.


Ive actually done that... And as for not seeing the hazard, I had only just taken a tight right turn into the road I came off. The road leading there was perfectly clear and it was only shortly after entering the road i came off...

I looked at the road again and the mud is nearly indistinguishable from the road surface.
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Nobby the Bastard
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PostPosted: 19:33 - 05 Jan 2022    Post subject: Reply with quote

In that case you were going too fast for the conditions. I.e. dark a d you couldn't see where you were about to ride over.
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Ste
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PostPosted: 19:59 - 05 Jan 2022    Post subject: Reply with quote

Pics of the bit of road in question?

Ideally photos of the crash scene but it's a bit late if you didn't take photos at the time.
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adam277
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PostPosted: 19:32 - 13 Jan 2022    Post subject: Reply with quote

Why no answers? I suspect the OP knows he was at fault Razz

Google maps will prove you right if the mud has been there ages it will show!
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Old Git Racing
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PostPosted: 23:29 - 13 Jan 2022    Post subject: Reply with quote

Helmet pic, 10 - 20mph, yeah right. No chance mate, learn how to ride and stop blaming everyone else and trying to get them to pay for your ineptitude.

OGR
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xX-Alex-Xx
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PostPosted: 09:59 - 14 Jan 2022    Post subject: Reply with quote

Time for a set of knobblies if the road is that bad.
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Ste
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PostPosted: 21:16 - 22 Jan 2022    Post subject: Reply with quote

tumbleweed.gif

Maybe OP had interior fogging inside his visor and that was the reason for the poor obs.

Rain
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MCN
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PostPosted: 05:09 - 23 Jan 2022    Post subject: Reply with quote

Before you make any claim you must establish neglect by a third party.

The roads are maintained to a standard that permits an efficient system for travel.
They are not Race Tracks or Roads built for leisure time.

Mud on a road is most likely not put there by the Cooncil.

Usually, if there's a mud on road scenario, who ever is making the mud is required to sign it and arrange a clean up.

But the real deal is getting all the info and pursuing a claim either directly to the culprit/s Or through the courts.

Highway Code recommends that one never exceeds a speed that road conditions permit.

In other words, don't fly round a corner expecting the road to be clear of obstructions etc.
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MCN
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PostPosted: 05:10 - 23 Jan 2022    Post subject: Reply with quote

Ste wrote:
tumbleweed.gif

Maybe OP had interior fogging inside his visor and that was the reason for the poor obs.

Rain


There's an app for interior fogging. Thumbs Up
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almostthere
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PostPosted: 20:52 - 25 Jan 2022    Post subject: Reply with quote

Maybe he needs a wiper for his visor, if only Wink
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