Scary 'Off' on my commute to work today

[CerbitonFlyer]

Riding into work today, I joined a roundabout and started to lean the bike. Without any warning whatsoever the bike just slid out underneath me. I slid along the road approx 5 metres, the bike carried on a bit further. Both me and the bike have cuts / grazes / bruises / road rash. Luckily no one else was directly behind me. Once I had picked myself up I had a closer look at the road and it was covered in a black greasy film which I can only assume is diesel.

When I finally got into work I called the police to report the incident and also so that they could inform the highways agency so that the road can be treated, hopefully to prevent this happening to someone else. The police officer was very helpful and informed me that I may have a case against the council for compensation for the damage to my bike / clothing and for any injuries I sustained.

Does anyone else have experiance of claiming against a council for a simular incident? I can imagine them trying to worm their way out of admitting any liability.

[Republik]

Ouch! Hope you are ok. The only off I've had was on black ice last winter and it took me a while to regain my confidence again. Hopefully it won't affect you too much as it doesn't sound like your fault at all.

I'm not sure how you stand against claiming against the council. Might it be similar rules to when a car hits a diesel spillage?

Edited by Republik on Wednesday 17th November 14:16

[mybrainhurts]

That plod was pulling your plonker.

How can any highway authority do anything to prevent diesel leaks..?

As you were the first victim, it hadn't been there long.

Get well soon, and wear your scars with pride...

[FraserLFA]

MBH is right. Glad you're ok.

[princeperch]

if the council are on notice of it then you could have a claim. If they were not on notice then you do not.

I would call the council and report it and maybe ask in passing if they have had any calls about it before. If the guy is a bit dim he might tell you 'oh yes it was reported 5 days ago but we havnt had a chance to do anything about it etc".

This is what happened when my car alloy was damaged by a pothole in Guildford - I got cash out of them (after a fight) because I had evidence they were on notice of the damage for quite some time...

[Famous Graham]

mybrainhurts said:

That plod was pulling your plonker.

How can any highway authority do anything to prevent diesel leaks..?

As you were the first victim, it hadn't been there long.

Get well soon, and wear your scars with pride...

I think he meant to notify them so they can come along and clear it up.

Definitely need to get back on the "horse", though. I had an off summer last year due to my own stupid fault - went over the top and broke my elbow. Bike's not been ridden since.

Edited by Famous Graham on Wednesday 17th November 17:55

[SplatSpeed]

you need to look for the special colours with a fuel spill. then go straight and true throgh it without braking!

[fixedwheelnut]

Call the CTC and ask for advice, if you are not already a member join, it is worth that for the 'Third Party Insurance' alone.

CTC website

[Sortie 10]

I would echo fixedwheelnut, sign up with the CTC for their third party insurance (not of use here) and legal expenses insurance. Personal experience (of an ongoing claim, in much more clear cut circumstances) would lead me to suggest that even though you are clearly in the right, it could take many months to obtain an admission of guilt from the third party and even longer to obtain compensation. The hassle and stress of an ongoing claim are a nuisance and frustrating.

[R.P.M]

FFS, you hit some diesel, fell off and now want to claim!?
Get back on your bike and get over it. st happens.

[CerbitonFlyer]

R.P.M said:

FFS, you hit some diesel, fell off and now want to claim!?
Get back on your bike and get over it. st happens.

Calm down dear it's just a commercial - FFS!

I had no intention of claiming until the police mentioned that I may be entitled to do so. If it where the case that the spill had been notified to the council but they had choosen not to act on the information, then in my view they have failed in their duty of care, and yes I probably would claim. However given the situation is that nobody had previously notified them, I obviously won't be taking the matter further. The road has now been treated, so case closed as far as I am concerned.

[CerbitonFlyer]

fixedwheelnut said:

Call the CTC and ask for advice, if you are not already a member join, it is worth that for the 'Third Party Insurance' alone.

CTC website

Thanks for the heads up regarding the CTC insurance. I'd never really considered having this before, but it certainly makes a lot of sense.
Whilst on their site I also spotted their 'Fill That Hole' website. Brilliant idea - there are some absolutely monster potholes round may way at the moment and now that I have the Fill That Hole iPhone app, it will make them super easy to report
http://www.fillthathole.org.uk/

[princeperch]

R.P.M said:

FFS, you hit some diesel, fell off and now want to claim!?
Get back on your bike and get over it. st happens.

If I had an accident because some lazy council worker couldn't be bothered to get off his arse and sort it after being put on notice of the hazard for some time, and I had suffered a loss as a result of it - I would go for the jugular, without a doubt.

If not only to put me back in the position I was in before it happened, but to also teach them a lesson - the only way some organisations will learn is to be hit in the pocket.

[shakotan]

princeperch said:

R.P.M said:

FFS, you hit some diesel, fell off and now want to claim!?
Get back on your bike and get over it. st happens.

If I had an accident because some lazy council worker couldn't be bothered to get off his arse and sort it after being put on notice of the hazard for some time, and I had suffered a loss as a result of it - I would go for the jugular, without a doubt.

If not only to put me back in the position I was in before it happened, but to also teach them a lesson - the only way some organisations will learn is to be hit in the pocket.

OP: "Hello, Council chaps, do you know there's an diesel spill on XYZ Road?"
Council Chap: "Nope!"
OP: "Prove it!"
CC: "Well, it's still there. If we'd known about it before, we'd have done something about it. Thanks for the call though, we'll get on it straight away!"
OP: "..."

[princeperch]

shakotan said:

princeperch said:

R.P.M said:

FFS, you hit some diesel, fell off and now want to claim!?
Get back on your bike and get over it. st happens.

If I had an accident because some lazy council worker couldn't be bothered to get off his arse and sort it after being put on notice of the hazard for some time, and I had suffered a loss as a result of it - I would go for the jugular, without a doubt.

If not only to put me back in the position I was in before it happened, but to also teach them a lesson - the only way some organisations will learn is to be hit in the pocket.

OP: "Hello, Council chaps, do you know there's an diesel spill on XYZ Road?"
Council Chap: "Nope!"
OP: "Prove it!"
CC: "Well, it's still there. If we'd known about it before, we'd have done something about it. Thanks for the call though, we'll get on it straight away!"
OP: "..."

then thats fair enough. When I dealt with the council over the damage to my car - they told me 4 other people had called in as long as a week ago!

[rockandrollmark]

R.P.M said:

FFS, you hit some diesel, fell off and now want to claim!?
Get back on your bike and get over it. st happens.

^^^ This.

Very sorry to hear you had an off, never nice when it happens, but MTFU.

You want to sue someone. How about you should sue yourself for not being more careful - just as much logic in that as trying to sue the council. It's called personal responsability.

[WeirdNeville]

That sucks, it's horrible when you lowside and just know you're going down.
This time of year is evil for it - leaves and dampness, along with that sheen of grit that feels greasy and horrible.

I budget for one "off" a year, basically, and that seems about right in 15 years of riding. I have to say, I think claiming is a bit of a long shot.
USe it as a lesson, read the road, roundabouts/farm acess roads etc are lethal for low friction conditions. If it doubt slow down, if still in doubt, walk past it, IME.