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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."
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Reader views (26)
Here's a sample of the latest views published. You can click view all to read all views that readers have sent in.
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
