Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • nerion
    • By nerion 9th Apr 18, 3:41 PM
    • 18Posts
    • 1Thanks
    nerion
    Making a personal injury claim after pothole road accident
    • #1
    • 9th Apr 18, 3:41 PM
    Making a personal injury claim after pothole road accident 9th Apr 18 at 3:41 PM
    Hi all,

    I had a pretty nasty road accident last week after my bicycle hit a pothole at speed and I ended up being thrown off into a tree.

    I'm not a fan of this whole "compensation culture" thing, but I've been told by a few people that I should take action against the council responsible for the roads.

    The road in question is covered in potholes - and I was pretty badly injured. I smashed up both knees and have two massive scratches down my face, one of which probably lead to a permanent scar. My glasses and bike were also damaged. I also suffered shock.

    So what is the best way to pursue this? I know there are loads of "no win, no fee" firms out there, but I have no idea which ones, if any, are reputable - or if that's the best way to take any action.

    I'd be really grateful for any advice.
Page 1
    • neilmcl
    • By neilmcl 9th Apr 18, 3:45 PM
    • 11,625 Posts
    • 8,411 Thanks
    neilmcl
    • #2
    • 9th Apr 18, 3:45 PM
    • #2
    • 9th Apr 18, 3:45 PM
    https://www.moneysavingexpert.com/travel/pothole-claims
    • Gavin83
    • By Gavin83 9th Apr 18, 3:49 PM
    • 5,318 Posts
    • 8,736 Thanks
    Gavin83
    • #3
    • 9th Apr 18, 3:49 PM
    • #3
    • 9th Apr 18, 3:49 PM
    How much did the damage to your bike and glasses cost to fix? That's the extent of your potential claim.
    • nerion
    • By nerion 9th Apr 18, 3:51 PM
    • 18 Posts
    • 1 Thanks
    nerion
    • #4
    • 9th Apr 18, 3:51 PM
    • #4
    • 9th Apr 18, 3:51 PM
    Really?! So being permanently scarred is fair game?
    • Cotta
    • By Cotta 9th Apr 18, 3:51 PM
    • 2,890 Posts
    • 1,150 Thanks
    Cotta
    • #5
    • 9th Apr 18, 3:51 PM
    • #5
    • 9th Apr 18, 3:51 PM
    Bicycle or motorbike?
    • nerion
    • By nerion 9th Apr 18, 3:53 PM
    • 18 Posts
    • 1 Thanks
    nerion
    • #6
    • 9th Apr 18, 3:53 PM
    • #6
    • 9th Apr 18, 3:53 PM
    Thanks for the link, Neil, but that is only about damage to vehicles. It recommends getting legal advice for injuries but doesn't say where from.
    • nerion
    • By nerion 9th Apr 18, 3:54 PM
    • 18 Posts
    • 1 Thanks
    nerion
    • #7
    • 9th Apr 18, 3:54 PM
    • #7
    • 9th Apr 18, 3:54 PM
    Cottta, bicycle.
    • BooJewels
    • By BooJewels 9th Apr 18, 3:56 PM
    • 295 Posts
    • 216 Thanks
    BooJewels
    • #8
    • 9th Apr 18, 3:56 PM
    • #8
    • 9th Apr 18, 3:56 PM
    Do you have legal cover with your household insurance policy - they tend to cover personal injury matters? Mine has a 24 hour helpline, so if you have one, a call might be worthwhile.
    • Gavin83
    • By Gavin83 9th Apr 18, 3:59 PM
    • 5,318 Posts
    • 8,736 Thanks
    Gavin83
    • #9
    • 9th Apr 18, 3:59 PM
    • #9
    • 9th Apr 18, 3:59 PM
    Really?! So being permanently scarred is fair game?
    Originally posted by nerion
    What medical evidence have you got that it'll lead to a permanent scar? You can claim for facial scarring but it will depend on the extent of the injury.

    You didn't answer my question anyway, what was the cost of the damage to your glasses and bike?

    Were you wearing any protective equipment such as a helmet?
    • nerion
    • By nerion 9th Apr 18, 4:04 PM
    • 18 Posts
    • 1 Thanks
    nerion
    Damage to specs has been repaired for free at the opticians'. Damage to bike is only minor but still not great - a few scratches. The main damage is to me.

    And yes, I was wearing a helmet.
    • lincroft1710
    • By lincroft1710 9th Apr 18, 4:08 PM
    • 11,023 Posts
    • 9,356 Thanks
    lincroft1710
    I had a pretty nasty road accident last week after my bicycle hit a pothole at speed

    The road in question is covered in potholes
    Originally posted by nerion
    This 2nd statement will beg the question "If you knew that why were you going so fast?"
    • nerion
    • By nerion 9th Apr 18, 4:13 PM
    • 18 Posts
    • 1 Thanks
    nerion
    Bloody hell, I didn't expect the Spanish Inquisition! It was maybe 15mph, so speedy for a bike, but hardly record-breaking speed. I hit the pothole and threw me off as I was overtaken by a car. The pothole was full of mud, so very slippery.
    • Gavin83
    • By Gavin83 9th Apr 18, 4:16 PM
    • 5,318 Posts
    • 8,736 Thanks
    Gavin83
    And yes, I was wearing a helmet.
    Originally posted by nerion
    Well that's a good start as it would have reduced any potential claim you had.

    Facial scarring can have a huge pay range but obviously the upper end will only be applicable for serious life altering injuries that will require extensive surgery. For minor scarring (which I assume we're talking about here) you'll be looking at a few thousand at best. However as I pointed out above to make such a claim you'll need medical evidence that your injury will lead to permanent scarring. You also won't get anything for the shock but I assume you weren't intending to claim for this anyway.

    Even if the above can be demonstrated you still have to prove the council were negligent for your claim to be successful. Essentially if they were aware of the pot holes and did nothing then you'll likely have a claim.
    • nerion
    • By nerion 9th Apr 18, 4:18 PM
    • 18 Posts
    • 1 Thanks
    nerion
    Thanks Gavin, so what do I do now? Who should I go to?
    • Gavin83
    • By Gavin83 9th Apr 18, 4:20 PM
    • 5,318 Posts
    • 8,736 Thanks
    Gavin83
    Bloody hell, I didn't expect the Spanish Inquisition! It was maybe 15mph, so speedy for a bike, but hardly record-breaking speed. I hit the pothole and threw me off as I was overtaken by a car. The pothole was full of mud, so very slippery.
    Originally posted by nerion
    People are only asking questions to help establish the validity of your claim and it's nothing you won't be asked in court anyway.

    In answer to your original question a 'no win, no fee' solicitor sounds like a good route to take. However I can't recommend any, although someone else might.
    • lincroft1710
    • By lincroft1710 9th Apr 18, 4:21 PM
    • 11,023 Posts
    • 9,356 Thanks
    lincroft1710
    Bloody hell, I didn't expect the Spanish Inquisition! Who said I was going fast?! I wasn't - my bike hit the pothole and threw me off as I was overtaken by a car. The pothole was full of mud, so very slippery.
    Originally posted by nerion
    "my bicycle hit a pothole at speed" - the 13th to 19th words of your opening post.

    You may well get a "Spanish Inquisition" in court, who knows?
    • custardy
    • By custardy 9th Apr 18, 4:23 PM
    • 34,016 Posts
    • 28,910 Thanks
    custardy
    Before you get into what and how much. The main point is if the pothole was reported and if the council had attended to it in a timely manner.
    If they have met their basic inspection requirements and the pothole hadnt been reported then there is no claim.
    • BooJewels
    • By BooJewels 9th Apr 18, 4:27 PM
    • 295 Posts
    • 216 Thanks
    BooJewels
    Thanks Gavin, so what do I do now? Who should I go to?
    Originally posted by nerion
    I made a suggestion in post #8.
    • Gavin83
    • By Gavin83 9th Apr 18, 4:29 PM
    • 5,318 Posts
    • 8,736 Thanks
    Gavin83
    I made a suggestion in post #8.
    Originally posted by BooJewels
    And what a good suggestion it was too. Nerion, I'd suggest reading post #8.
    • nerion
    • By nerion 9th Apr 18, 4:31 PM
    • 18 Posts
    • 1 Thanks
    nerion
    OK, shall go back to that. Thanks so much, everyone. I really appreciate your help. x
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

19Posts Today

3,245Users online

Martin's Twitter