Had a tumble

02-07-2012, 06:57 PM

Hi all the wife had an off last thursday on a back road which was covered in gravel It is like this all year round) The gravel washes down from a gateway. The local farmer said that it is the councils land and he has asked them to tarmac it but they refused. We have contacted the council and they have asked us to send photos of the road. My question is do we need to go through the insurance company or do we do it alone as its only about £150 of damage to bike. The wife hurt the tendons in her arm but is o.k.
Any advice would be gratefully recieved. Kev

03-07-2012, 09:28 AM

Hi revver

Hope your wife's arm recovers quickly.
I'm not sure whether you should go thru your bike insurance or not due to the excess that you might have to pay, but one thing you could consider if you have it is the legal cover most home insurance policies come with these days.
If you have it on your home incurance policy they would be able to give you legal advice and I guess would be able to tell you if you could claim for the damage to the bike too.
I think most insurance companies pass information to each other through a database so even if you don't claim on your bike insurance you might still have to let them know about any claim you make!
Again this is a question you would have to ask.

slob · 03-07-2012, 10:02 AM

If a road hazard such as a pothole has been reported to the council and they have failed to rectify it in a timely fashion, they may well be liable. Not sure if that would apply in this case but may well be worth looking into if the farmer has already dealt with them about it.
Hope your wife makes a swift recovery.

03-07-2012, 10:10 AM

When I had an injury and a broken shock and undertray
Due to hitting a badly repaired highway .
I had to get forms from the council department to fill in and take photos.
Filling in the forms was fine.
However getting photos??? It was in the middle of a very fast a14 it was impossible.
Ohboth myself and another reported this ramp in the road.

I couldn't go any further no photos,
But even reporting did sod all .
But your sounds easier

Go through the council and see what they say or do
Now they have patched several bits together' they have made more i hope michelle gets well

utopia · 03-07-2012, 02:06 PM

I wouldn't have thought that it was worth claiming for 150 quids worth, as your no-claims will suffer and it may be within your excess anyway.
It sounds like someone needs to be held responsible for the gravel spilling onto the road though.
When I was involved with a self-build community in shropshire, the council stipulated that we could have an unsurfaced road as long as the section where it joined the main road was surfaced, to avoid spreading gravel etc at the junction.
Whether its the farmer or the council, someone certainly should be held responsible. Clearly, its an accident waiting to happen to a biker, as you have now proved.
A claim on the insurance could perhaps bolster any submission to the council, I guess, though a doctor's report on the injury and photos of the damage to the bike may be sufficient.

03-07-2012, 04:53 PM

The price to repair the bike was using second hand parts. New ones would cost £996 so bike would be written off. I'm not worried about fixing the bike with second hand parts it's just getting something done about the road and getting leathers and glasses replaced.
Thank you all for replies, I think we will try the council route and the legal cover with her bike insurance.

03-07-2012, 05:01 PM

There is other damage as well with small dent to tank and some brackets.

03-07-2012, 09:57 PM

Hi Revver, as was said before I think if the Farmer has already raised the issue with the council and they have not taken appropriate action they could be negligent and so liable.

I think I'd start by putting a claim in against the council, ask them who provides their Public Liability Insurance and advise them of your claim. It might also be useful to get further information from the Farmer about the times he has raised his concern with them.

Good luck with this.

02-07-2012, 06:57 PM	#1
revver Guest Posts: n/a	Had a tumble Hi all the wife had an off last thursday on a back road which was covered in gravel It is like this all year round) The gravel washes down from a gateway. The local farmer said that it is the councils land and he has asked them to tarmac it but they refused. We have contacted the council and they have asked us to send photos of the road. My question is do we need to go through the insurance company or do we do it alone as its only about £150 of damage to bike. The wife hurt the tendons in her arm but is o.k. Any advice would be gratefully recieved. Kev

03-07-2012, 04:53 PM	#6
revver Guest Posts: n/a	The price to repair the bike was using second hand parts. New ones would cost £996 so bike would be written off. I'm not worried about fixing the bike with second hand parts it's just getting something done about the road and getting leathers and glasses replaced. Thank you all for replies, I think we will try the council route and the legal cover with her bike insurance. Last edited by revver; 03-07-2012 at 04:59 PM..

03-07-2012, 09:28 AM	#2
Dinkybiker Guest Posts: n/a	Hi revver Hope your wife's arm recovers quickly. I'm not sure whether you should go thru your bike insurance or not due to the excess that you might have to pay, but one thing you could consider if you have it is the legal cover most home insurance policies come with these days. If you have it on your home incurance policy they would be able to give you legal advice and I guess would be able to tell you if you could claim for the damage to the bike too. I think most insurance companies pass information to each other through a database so even if you don't claim on your bike insurance you might still have to let them know about any claim you make! Again this is a question you would have to ask.

03-07-2012, 10:02 AM	#3
slob . Join Date: Jul 2003 Location: East London Bike: Multiple Monsters Posts: 9,737	If a road hazard such as a pothole has been reported to the council and they have failed to rectify it in a timely fashion, they may well be liable. Not sure if that would apply in this case but may well be worth looking into if the farmer has already dealt with them about it. Hope your wife makes a swift recovery.

03-07-2012, 10:10 AM	#4
He11cat Guest Posts: n/a	When I had an injury and a broken shock and undertray Due to hitting a badly repaired highway . I had to get forms from the council department to fill in and take photos. Filling in the forms was fine. However getting photos??? It was in the middle of a very fast a14 it was impossible. Ohboth myself and another reported this ramp in the road. I couldn't go any further no photos, But even reporting did sod all . But your sounds easier Go through the council and see what they say or do Now they have patched several bits together' they have made more i hope michelle gets well

03-07-2012, 02:06 PM	#5
utopia No turn left unstoned Join Date: Jun 2010 Location: leicester Bike: M750 Posts: 4,562	I wouldn't have thought that it was worth claiming for 150 quids worth, as your no-claims will suffer and it may be within your excess anyway. It sounds like someone needs to be held responsible for the gravel spilling onto the road though. When I was involved with a self-build community in shropshire, the council stipulated that we could have an unsurfaced road as long as the section where it joined the main road was surfaced, to avoid spreading gravel etc at the junction. Whether its the farmer or the council, someone certainly should be held responsible. Clearly, its an accident waiting to happen to a biker, as you have now proved. A claim on the insurance could perhaps bolster any submission to the council, I guess, though a doctor's report on the injury and photos of the damage to the bike may be sufficient.

03-07-2012, 05:01 PM	#7
revver Guest Posts: n/a	There is other damage as well with small dent to tank and some brackets.

03-07-2012, 09:57 PM	#8
Mohawk Guest Posts: n/a	Hi Revver, as was said before I think if the Farmer has already raised the issue with the council and they have not taken appropriate action they could be negligent and so liable. I think I'd start by putting a claim in against the council, ask them who provides their Public Liability Insurance and advise them of your claim. It might also be useful to get further information from the Farmer about the times he has raised his concern with them. Good luck with this.