Sunken Iron cover claim. How to claim

Nobbie1967

Strider590 wrote: »

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.

I think the poster was probably assuming the rider was riding at a safe speed and allowing sufficient space between themselves and other road users. If that was the case, then little reason to hit a hazard like a sunken piece of ironwork on something as manoeuvrable as a bike. Sounds like the problem here was a lack of visibility due to riding in a group.

That said, it does sound pretty poor that ironwork sunk upto 40mm is considered acceptable, but if the council guidance states this, then the OP will have a major battle to prove negligence since they would have to challenge those standards which would require some form of expert evidence which will get expensive very quickly.

Unlucky OP, very frustrating, but I doubt you've got much hope here.

Strider590

Nobbie1967 wrote: »

I think the poster was probably assuming the rider was riding at a safe speed and allowing sufficient space between themselves and other road users. If that was the case, then little reason to hit a hazard like a sunken piece of ironwork on something as manoeuvrable as a bike. .

Shows you don't understand tbh and if your going to have a go a OP why try to disguise it? The bike was a classic (1938) I doubt it was being ridden hard or irresponsibly.

Small does not mean manoeuvrable, in a car you flick the steering and avoid an obstacle, on a bike you have to steer AND shift bodyweight, which if your already mid corner is damn hard to do and often impossible.
On top of that there is a phenomenon known as "target fixation", which I suggest you Google.

AdrianC

asprint wrote: »

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?

You even use the relevant word yourself. GUIDELINES.
http://www.ukroadsliaisongroup.org/en/UKRLG-and-boards/uk-roads-board/wellmaintained-highways.cfm

You would need to show that the council were not only aware of the issue, but had been negligent in fixing it within an acceptable timescale, but that their standard was negligent compared to that guideline.

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

Yes, it's exactly the same situation.

I have chosen not to pass this though my insurance company

Pity, because that's far and away your most likely route to success.

FWIW, I don't think the supposition of others regarding your riding style is particularly relevant - a pre-war machine on a club run is hardly the same as a group of plastic power rangers. However, the ultimate responsibility is with you - and I cannot believe that an alert rider on a well-maintained (pre-60, so MOT exempt...?) machine would have any difficulty spotting a cover that sunken in time to avoid it. These are certainly issues that will get raised if you do ever try to go legal.

Nobbie1967

Strider590 wrote: »

Shows you don't understand tbh and if your going to have a go a OP why try to disguise it? The bike was a classic (1938) I doubt it was being ridden hard or irresponsibly.

Small does not mean manoeuvrable, in a car you flick the steering and avoid an obstacle, on a bike you have to steer AND shift bodyweight, which if your already mid corner is damn hard to do and often impossible.
On top of that there is a phenomenon known as "target fixation", which I suggest you Google.

I understand perfectly thanks as a rider myself. Limited visibility of the road ahead is a disadvantage of riding in a group and carries certain risks.

If you can't change course in a corner, then it suggests you are going to fast on a public road. I'm doubt this was the case with the OP.

The OP has my sympathy, but that doesn't mean they'll be able to successfully claim against a third party.

BeenThroughItAll

Strider590 wrote: »

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.

Clearly, neither do you... or not very well, in any case.

If a motorcyclist is 'along for the ride' on their line in a corner, they're obviously not a safe rider. One has to change lines all the time on a bike to avoid gravel, cow !!!!, horse !!!!, potholes, drain covers, banana skins, tin cans, etc. It's a simple case of nudge the bar and change the line to avoid the obstacle.

Braking also tends to stand the bike up, not wash the front - unless of course one cannot modulate one's brake application force, in which case a lowside is the inevitable result - trail braking or braking mid-corner does not necessarily, per your generalisation, result in a crash unless the rider has either limited experience, limited grip due to road conditions, or ham-fistedness.

forgotmyname

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.

Do they? Probably not, if they are not claiming for the damage.

Should they then YES they should.