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Bicycle injury compensation advice for a pothole claim

We’ve done a few blogs in recent times about potholes that have sprung up a lot over the last few weeks due to the snow and colder weather. When water seeps in to cracks in the surface it can freeze and expand which breaks the roads open and causes these huge and dangerous potholes.

Hitting a pothole in a car is bad enough – but hitting it on a bicycle can be severe. So read on for advice.

Will I win my claim?

A lot of the time it comes down to a piece of legislation called The Highways Act 1980. The duty that a council or highways agency has is to have, and adhere to, a system of inspection and maintenance to identify defects and sort them out. On top of that they must react to any reports of potholes within a reasonable timeframe as well.

So to put it simply – if they don’t have a system of inspection; or if it is not good enough; or where they haven’t kept to one – you may be able to win your claim.

What can I claim for?

There are two parts to a claim: General Damages for the pain, suffering, and inconvenience caused; and Special Damages for the losses and expenses caused. The General Damages is just about the length and severity of any pain caused, and the Special Damages is all based on your losses and expenses.

The good news is that you can claim for repair or replacement of your bike and you can claim for property damage on top of that as well. Keep any damaged items and keep receipts or invoices for anything you have had to replace as we can use this as vital evidence to support the claim.

If you need private treatment we can help fund that as well.

What do I need to do?

Take detailed and several photos for us to assess the claim that clearly show:

  • The depth and width of the defect
  • The surrounding area with the defect marked in the shot
  • A photo of the defect near a landmark like a lamppost shop front to easily identify its location

Make sure you use a ruler or other measuring device as this is what we will need to assess the claim based on the size of the pothole.

Call us on 0800 634 7575 to get your claim started today, or if you prefer why not arrange a callback from one of our team, for instant FREE advice on whether you have a claim to make! Just fill out the quick form below and we’ll call you when you have time to speak.

You can also get in touch by using our LiveChat facility, which you’ll find in the bottom right of the screen, our expert Claims Team are always on hand to deal with your compensation questions.

IMPORTANT: advice on this page is intended to be up-to-date for the 'first published date'.

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