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Cyclist leaves council in a hole
David Williams, Motoring Editor04.01.08
A judge has criticised a council for spending hundreds of pounds fighting a £90 compensation claim made by a cyclist.
Andy Hillier, 30, was riding to work when his rear wheel was wrecked as he hit a pothole in Uxbridge Road. The journalist had to push his £500 Marin bike back home before travelling to work by Tube after the accident in June.
He filed an official compensation claim with Ealing council and expected to receive a cheque within days. But his application was turned down twice and, determined to persist, Mr Hillier was stunned when the council appointed solicitors to deal with the claim and sent him a 12-page dossier explaining why it was not prepared to pay.
He responded by taking Ealing to a small claims court where a district judge said he was "deeply disappointed" that the council had decided to defend the case in spite of overwhelming evidencein favour of Mr Hillier. "In my opinion this case should never have found its way to an open court trial," said the judge at Brentford county court.
He advised officials to "seriously consider" whether to defend claims for such small amounts in future. The judge said the council was fortunate that the pothole, which was 3.5cm deep, had not caused serious injury. He ordered Ealing to pay £170 in damages, to cover repairs to the bicycle and Mr Hillier's time spent fighting the case.
Today Mr Hillier, who lives in Ealing and regularly cycles to work in Hammersmith, said: "I could not believe it when they turned the original claim down - it would have been far, far cheaper just to pay up.
"I knew the pothole was there but on this occasion - because of surrounding traffic and a bus right in front of me concealing it - I could not avoid it in time. I had to buy a new wheel for £60 and a tyre for £20 and I spent £10 getting photographs for evidence.
"On top of the 12 pages of evidence - in which they said they did not have to maintain the road to 'bowling-green standards' - the solicitors issued a further 18 pages of evidence to the court. It must have cost them hundreds and hundreds of pounds. Ealing talks about being a cycle-friendly council but many designated routes in the borough are hazards." An Ealing spokesman said: "We respect the court's decision. This was a complicated case and since this incident the road has been repaired.
"Last year, we spent a significant amount on enhancing cycle paths and the council will continue to make such improvements to roads and footpaths."
Reader views (26)
I have hit a pot hole on my new motorbike and still waiting to here back. Not happy with the fact my new bike broke and clothes ripped from a pothole on a roundabout.
- Steven Greaves, Wellingborough
I wrecked a £350 value bike completely on a pothole and did not make a claim. Maybe I should have done. Road conditions are a menace to a bike, but this was on a road used as cyclepath.
- Andy Horton, Shoreham-by-Sea, Sussex, England
Firstly to car drivers who so loathe cyclists, remember this fact: in the UK in 2006, 2,025 children were killed or seriously injured by motorists, 0 by cyclists - so before gathering the blameworthy together, choose your allegiances carefully.
And to the sane...
1. It is perfectly valid for a council to pay compensation to those who suffer loss or injury due to faulty roads and for those affected to claim for it. If the cost of ensuring no accidents ever happen (i.e. removing all potholes etc) greatly exceeds the cost of compensating a small number affected by imperfect roads then it makes sense to do the latter.
2. Although there are some cyclists who disobey the rules of the road, there are many who do not. I would not judge all motorists by joyriders or even the larger minority who speed through built up areas (and thus risk contributing to the statistic above).
3. What is this weird antipathy to Lycra cycling gear? Do these people object to joggers wearing running shorts and swimmers wearing Speedos and hats?
- Jamie, Southwark
Over the years I claimed for a damaged wheel - a write off - from Hounslow which was settled promptly but it took me 6 months battle with Ealing over a road surface which was causing cars to bounce and to hit their sumps if low-slung. My sump was cracked. I could prove that I had warned them 2 years earlier and their own inspector marked the road in my presence for immediate repair. They still refused to pay until one day I tried a little political persuasion and with the change from Labour to Tory control of the Council they paid up!
- Christina Speight, West London
Drivers can! The council must maintain the highways.
The fact that they're money-grubbing scrotes eager to give taxes away to scroungers is the problem.
My local council did a similar thing to me. I rode into the most enormous pothole on a dark winter's morning. 1mm deeper and I would have gone over the bars. The handlebars twisted in the clamp, and I only just stayed upright. Both wheels were completely trashed, my £300 HID lamp was broken. The council just plain denied that a hole existed or had ever existed.
They sent letters to my solicitor claiming to "prove" that there was no hole. They were quite prepared to go to court and perjure themselves, and would probably have won.
So I just had to stump up £500 myself.
And before you moan and whine. I pay 40% tax, drive a fully taxed car (occasionally), and pay very high council tax, so I am entitled to use the road.
- Animal, Notts
Well done Mr. Hiller, gosh I should have done the same thing when I had to replace my back wheel due to hitting a pothole...the roads are very badly maintained...as for the people who talk about not being able to sue for cars...that may be due to the fact that you actually have protection whereas cyclists don't.
- Sarah, London
Most cyclists certainly do not ride on the pavement! Riding on the pavement is a very inefficient way of getting about - pedestrians tend to get in the way slowing you down and obliging you to swerve all over. The only cyclists I see on pavements tend to be kids/teenagers... Perhaps someone needs to get a bit heavy on their parents.
- Headhunter, London
Mike Stern you can claim in exactly the same way.
A car driver can claim for potholes, although a small hole for a car can kill a cyclist. And cyclists pay the same taxes for roads as a car driver, as the tax is taken from council tax, not "car tax" or fuel duty (even though this money should be spent on the roads it's not).
- Egg, London
I believe it is possible to make a claim for any type of vehicle as I was told by a mechanic. Although the chances of success will be based on your detailed evidences but a local council's is a nasty machine as this story says.
In my humble opinion, any motoring claim to any local council is promptly dealt by a
-systematic refusal,
-blackmailing with freight of increase of cost of a fine, bailiffs or cost to court.
-Paying a fine of any sort, is accepting the fault, and therefore losing the right to make a claim. N/A here.
At the end of the day, it always gives you a sore head and an empty pocket.
London roads are a disgrace. Another strategy of the mayor to keep us out of the roads.
Unfortunately he does not realise that he is putting our lives in danger.
I am still waiting for the 900km of cycling route in London to be completed by 2012. Last I heard about it, they have been at it for 2 years and completed about 40km!
I wonder if they are mates of Ken and his aides?
- Laurent, London UK
Quote:
"If Mr Hillier had done what most other cyclist do, i.e cycle on the pavement, this would not have happened."
"Most" cyclists do not cycle on the pavement.
- Woody Guthrie, London
How can a cyclist claim compensation for potholes from a local council and drivers cannot? Many boroughs in London and elsewhere have sub-standard road surfaces and drivers pay taxes through the nose (supposedly to pay for repair and maintenance) but we still get nothing in return. Where can I make my claim for the damage caused at low speed to my vehicle?
- Mike Stern, London
Kerry - I've never hugged a tree, haven't got a beard, its a helmet love, not a 'funny hat' and my clothes are functional. I always stop at lights and pedestrian crossings. Just like I do when I'm in my car. Bikes are fun. And you'd lose a few pounds if you bothered to ride one.
- Les, Golders Green
Do most cyclists ride on the pavement or is Mr Robert Zimmerman just pretending they do to try to prove an irrelevant point?
- James Ruffin, Hertford Hertfordshire
Councils' reluctance to repair the roads which seem to be able to be dug up by anyone with a white van and a hi-vis vest reminds of the story of a council up north (Bolton, I think?), where people complained about the worsening state of the road surfaces and a council official told them that the deteriorating road surfaces were a perfect "traffic calming measure"!
- Jim, Croydon
If Mr Hillier had done what most other cyclist do, i.e cycle on the pavement, this would not have happened.
Alternatively, he should perhaps have been looking where he was going.
Quote: "He filed an official compensation claim with Ealing council and expected to receive a cheque within days."
Now, that's a good one.
- Robert Zimmerman, London
Dear God, what are these council workers like?!
Kerry Trubee - he was only trying to be socially and environmentally responsible. Don't be so negative! You're not showing yourself in a good light.
- John, London
Dan and Kerry, you both make some fair points, but my reasoning for taking the council to court was not to screw a few quid out of them – I would have asked for a lot more than £90 if that was the case. Each month, I have to endure Ealing banging on about how it is investing heavily in the cycle network, yet it fails to do even the simplest of tasks such as filling in potholes on major routes or making sure there aren’t lampposts in the middle of designated bike lanes.
Unless we make a stand about the state of our paths, roads and cycle lanes – many of which in Ealing have been identified as in poor condition by a Transport for London survey – nothing will be done.
For the record, I’m also a carbon-consuming motorist, I don’t hug trees and have never worn hi-vis Lyrca in my life.
- Andy Hillier, Ealing
Well done! I have been cycling in London for about 15 months and find it a great way to get aound the city however can't believe the state of the roads in many parts of London. Sometimes it is possible to see what I assume are original Victorian cobbles where the tarmac has been completely eroded away.
One of the most enormous potholes I have ever seen is situated at the junction of Holbon and Grays Inn Road and has been there for as long as I can remember. Every day I am forced to swerve round it as I negotitate the junction... It is amazing that councils frequently cite "health and safety" reasons for not allowing things to take place etc when blatantly dangerous road surfaces are left for many months/a year.
- Headhunter, London
Why are the councils/councillors always the bad guys? Face it - there is always going to be a hole in a road somewhere and it's ridiculous to compensate anyone who drives or cycles into it. Luke of London may be happy for his council tax to be spent on handouts for anyone who think the world owes them a living but I'm not.
Personally I'm glad that the council isn't automatically dishing out cash every time someone asks them for cash. While I have some sympathy for the cyclist there are better ways for our council tax to be spent - such as on repairing the roads.
- Dan, London
I hate cyclists, whingeing tree huggers to a man (or woman). They wear ludicrous clothes, generally have beards, funny hats and a snotty attitude. They don't stop at lights or pedestrian crossings and if it's easiest to ride on the pavement, they do. This bloke says he knew it(the pothole) was there and usually avoided it. He is just another compensation culture exploiter.
Personally I'd make it an offence to wear hi-vis Lycra on the highway, I might have an accident laughing!
- Kerry Trubee, Purley
It would help considerably if the council concerned were to sack the "spokesman" who made the pointless statement, and employ a qualified engineer who can ensure the roads are properly maintained.
- Patrick Griffin, Dalston
Great news.
It is difficult enough being a cyclist in this city without having to put up with rubbish roads. My 7 mile cycle journey from North London to Holborn is a bit like navigating the surface of the moon. On top of this we have to put up with mindless pedestrians wandering in to the road as they chat on the phone or look for a song on their iPod, Bus drivers determined to crush us in to the curb and motorists who seem to have forgotten what their wing mirrors and indicators are for.
I am more than aware that some people like to point the finger at cyclists but just remember this. Not only are we using the worlds most efficient form of transport (in terms of energy expended and distance travelled) thus helping the environment. But by cycling we are also halting the obesity epidemic sweeping the nation.
So a message to any councillors out there; next time a cyclist makes a claim due to your ineptitude and inability to maintain the roads to a serviceable standard, just remember that they are in the right.
- Luke, London
They do this because most people get dispirited after the second or third refusal and give up, so overall it saves them money. The moral - don't give up!
- Nigel, London
Well done, Andy! This victory will benefit cyclists and other road users.
It would be good to find out - under the Freedom of Information Act - exactly how much Ealing Council spent on this legal battle.
- Austen, London
Typical local authority, doesn't bother maintaining it's roads despite claiming an arm and a leg in council tax, then when someone tries to claim due to the non existant maintenance, fights tooth an nail with the money that should have been spent on the upkeep of the highway in the first place.
- U Digg, London
I phoned Southwark council about a 1ft high bump in a road that would have knocked me off my bike had I been indicating with my arm to turn left at the next junction. They told me that roads are maintained by TFL now.
I wrote to TFL but the bump was still there 6 months later.
I don't think that any council is cycle-friendly, maybe because cyclists are young and unlikely to vote in local elections.
- Marc, Hammersmith
