Sunken Iron cover claim. How to claim

asprint

Whilst I have followed the details provided in the Pothole Claims, How to Claim for Pothole Damage, I would appreciate some comments/advice as my case is a bit more than just pothole damage.
I was riding my 1938 motorcycle with a group of VMCC members when I hit two sunken covers 3m apart buth of which were around 40mm below the road surface. On hitting the first sunken cover it bottomed out the front suspension and sent the handlebars into a weave. Hitting the second sunken cover in quick succession simply transferred the energy into a full tank slapper resulting in me being thrown from the bike. The bike and my clothing has sustained damage and I sustained 6 broken ribs and various abrasions.
I am now seeking to make a claim against the local authority for the damages and injury. The Well Maintained Highways clearly states that any iron cover that is below 20mm should be re-set. The local authorities own Highways policy only recognizes road defect deeper than 40mm but it is my understanding the national guidelines should take precedence?
My main question at this stage is to seek advice as to if the claims procedure as set out in the Pothole Claims is applicable as I am seeking damage to my bike, clothing and personal injury.
I have chosen not to pass this though my insurance company nor do I want to seek the services of a solicitor on a conditional fee arrangement unless it becomes necessary.
Any advice would be appreciated as to the practical way that I can make a claim in my particular circumstances.

Warwick_Hunt

First of all you need to prove negligence. That being the council knew about it or failed to do routine checks.

asprint

Thanks for the reply. I have made a FOI request and have the details that they have provided. Inspections of the road have been made every 6 months whilst the WMHC for a link road is every 3 months.
Further, as indicated above, the WMHC states that iron covers should be re-set if more than 20mm below the road surface, these are 40mm. A further inspection has been undertaken since my incident but the local council has still not recognised them as a problem.

Warwick_Hunt

asprint wrote: »

Thanks for the reply. I have made a FOI request and have the details that they have provided. Inspections of the road have been made every 6 months whilst the WMHC for a link road is every 3 months.
Further, as indicated above, the WMHC states that iron covers should be re-set if more than 20mm below the road surface, these are 40mm. A further inspection has been undertaken since my incident but the local council has still not recognised them as a problem.

You need to concentrate on pre not post collision.

Lomast

The well maintained highways document is guidance only you would probably have to challenge their policy in court to prove negligence as under their policy the road does not warrant repair and I can see it being an expensive exercise.

System

One wonders why the OP hit them but everyone else in the group seemed to manage to avoid them...

forgotmyname

40mm bump bottomed the suspension enough to cause damage?

Failed to notify your insurer oh dear.....

onomatopoeia99

forgotmyname wrote: »

Failed to notify your insurer oh dear.....

Do all motorcyclists that fall off tell their insurer every time? I don't ride a motorbike, so I'm not familiar with what constitutes an "accident" in this context.

debtdebt

Go to a no win, no fee outfit or see if your Legal Expenses Insurer will take it on. They'll only take on claims where they think they have a better than 50% chance of successfully pursuing. If they don't take it on, you probably don't have a decent chance.

Warwick_Hunt

onomatopoeia99 wrote: »

Do all motorcyclists that fall off tell their insurer every time? I don't ride a motorbike, so I'm not familiar with what constitutes an "accident" in this context.

If you crashed your car and damaged it, would you consider that to be an accident?

Strider590

Tarambor wrote: »

One wonders why the OP hit them but everyone else in the group seemed to manage to avoid them...

You clearly don't ride.

There could be many reasons, for example riding in a pack it's not always possible to avoid obstacles without swiping into other riders. Also if it was in a bend it's very hard to change line on a motorbike, once committed to a corner a biker is along for the ride, as braking would take the front wheel from under them.

What's to say nobody else hit it anyway? Perhaps a more modern bike would have been less phased by these bumps? (although still sh*t your pants scary)

Most car drivers wouldn't know how to drive a rear wheel drive car (and I don't mean a BMW with all it's driver still substitution gadgets), nevermind a motorbike.