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gizmorun

Joined:

Feb 10

Posts: 52

gizmorun says:

crash liability

crashed my bike at a junction recently, i wasnt going fast at all and the ground  was covered in gravel which made my bike loose traction and caused the crash,  do i have a case against the council? i took loads of pictured while  i was awaiting rescue (rear wheel misaligned) 

(2nd pic is to give you an idea of scale)
what do you guys think?

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  • Posted 5 years ago (21 April 2010 20:51)

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BBCTom

Joined:

Apr 09

Posts: 73

BBCTom says:

Potentially

It's a case of proving that your local council were to blame for the gravel on the road - after all, what's to say that didn't fall of the back of a lorry 30 seconds before you arrived?

Was there anything around that could suggest how the gravel came to be on the road? Maybe it's road surface deterioration, maybe loose chippings from a newly repaired piece of road or it could simply look as though it doesn't belong - in which case that would suggest it has been dropped by another motorist.

PM me all the pics you have and I'll have a look for you :wink:

Tom

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ACIC

Joined:

Apr 06

Posts: 366

ACIC says:

Gravel accident

Sorry to hear about this. You have 2 options. Firstly against the highway authority and the success or otherwise will depend on the records of the road maintenance and complaints prior to the accident. Secondly, if the load is likely to have been deposited by an untraced road user, your option would be to lodge a claim with the Motor Insurers' Bureau (MIB) under the Untraced Drivers' Agreement 2003. Either way, if successful, you will recover damages for injuries and financial losses but with the MIB they will not pay property damage. I hope this is helpful. If you need any further help let me know. Kind regards, Andrew Campbell, Solicitor. www.bikelawyer.co.uk

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