My new wheels (now needs new wheels!)

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nicketynoo · #1 Post by **nicketynoo** » Sat Mar 12, 2016 6:30 pm

Lovely day for a ride so took the MV out for a spin to Willingham woods. Just through Caistor hit a monstrous pothole which almost had me eating gravel! Think the steering damper saved me from crashing and feeling a bit shook up I went back to investigate said hole. It was then I noticed the damage to my front wheel. I took pictures of the pothole with my glove and boot in it for evidence.
It was in a really bad spot, towards the centre of the road on a lovely sweeping bend and I'm surprised there wasn't a pile of bikes in the hedgerow just past it. About a mile down the road I spotted a policeman parked in a layby and so stopped to report the incident. He's reported this to the highway dept who are going to sort it along with numerous others around that area.
I then realised my Bach wheel was also buckled.
Have just had a price for new wheels sent from the dealer I bought the bike from, £658.07 for the front and £631.62 for the rear OUCH!
Now the policemans advice was to claim on my insurance and then claim it back from West Lindsey Council ,but to be honest I don't feel like having an insurance claim and why should I , any advice greatly received.

blinkey501 · #2 Post by **blinkey501** » Sat Mar 12, 2016 6:45 pm

Hmmm.

my favourite road on the bike.

glad you are ok mate

randomsquid · #3 Post by **randomsquid** » Sat Mar 12, 2016 6:58 pm

Don't know the legal ins and outs but glad you're in one piece. Maybe ask TC?

fatboy · #4 Post by **fatboy** » Sat Mar 12, 2016 7:07 pm

Get in touch with your local Highways Dept, Present them with the evidence you have and hopefully they will admit liabilty.
If they dont then a Solictor's letter will be a good shot across the bows, I'd be reluctant to make this an insurance issue at this stage
Dot forget that forum user, the expert ot these matters !
Glad it was'nt worse for you and your diet remained gravel free

DavShill · #5 Post by **DavShill** » Sat Mar 12, 2016 7:12 pm

Bloody hell Nick. What a bummer. Glad you are ok. Try dropping a message toTC he will have some good advice.

#6 Post by **mangocrazy** » Sat Mar 12, 2016 8:11 pm

Really sorry to see this, Nick. I can just imagine your feeling when you saw the damage to your new P&J. And the feeling that it could have been far worse if you'd lost control...

As others have said, get onto TC straight away and get a claim into the Highways dept. first thing Monday morning.

D-Rider · #7 Post by **D-Rider** » Sat Mar 12, 2016 8:25 pm

Ah - saw this on Farcebook but didn't realise it was you.

A nasty one but glad you didn't end up taking similar damage to the bike.
Big angry complaints to the council !

BikerGran · #8 Post by **BikerGran** » Sat Mar 12, 2016 8:38 pm

Yes definitely complain to the council, send them a copy of the estimate you've had for the wheels.

T.C. · #9 Post by **T.C.** » Sun Mar 13, 2016 11:33 am

You have a good claim against local Highways authority.

First off al, go to http://streetrepairs.co.uk/ and se if the section of road you refer to is on there and if the pothole has been reported. If t has been previously reported, it wil provide you with good additional evidence to back up the photo's you already have. If it is not on there, then report it yourself (it is free) as it will get things moving and may prevent a similar fate befalling another rider.

Then, you need to write a letter of claim to the local Highways holding them responsible. In the letter provide details of exact location along with the size and depth of the pothole, so depth and width required and tell them that you are holding them responsible for the cost of the damage to your wheels because of the pot hole not having been repaired.

They will probably come back with the statutory defence under the Highways Act to try and deter you, but don't let that put you off, it is standard practice.

Give them 7 days to respond and make it clear that unless they respond in that time, it is your intention to issue proceedings against them.

If you need to issue proceedings, it is very simple and can be done online or you can pop into the local county court and staff will help you complete the paperwork. It will cost a few bob (not a vast amount) but this will be claimed back when you win the case.

You probably will not get a solicitor to write a letter unless you have a pal or family member because for damage litigation, legal fees for claims under £5,000 cannot be claimed back, and so a solicitors letter would be at your cost, and the local authority know this, they also know that solicitors do not usually deal with pot hole claims and do not have much of a clue.

Again if you go to http://streetrepairs.co.uk/pothole-claim this part of the website tells you far better and clearly than me how to make a claim.

If you get stuck, speak to Colin who owns the site and who I know very well tell him that I suggested that you contact him and I am sure he will be delighted to help.

Hope this helps

Wally · #10 Post by **Wally** » Sun Mar 13, 2016 4:27 pm

Glad you are Ok, that is the main thing.

After 40 odd years in the motor trade I would also want two new tyres. If the damage to the wheels has been transmitted throught the tyres it will only be a matter of time before they start to bulge on the side walls due to wall seperation. Make sure you stick a claim in for them aswell.

Wally

flatlander · #11 Post by **flatlander** » Sun Mar 13, 2016 6:20 pm

Just from personal experience so may be no use but when we had to claim we did get the statutory defence to which we replied that we wanted to know if it was a driven or a walking inspection within the time frame. They said driven to which we replied saying we wNted to report the staff member for driving without due care. We stated that for a thorough inspection to be valid the inspector cannot have been adequately concentrating in their driving. Conversely if they were concentrating on their driving it was not beyond reason that they could not have performed an adequate inspection.

They offered to pay for the shock absorber and we said yes but now we also want our time eyc to be considered as they had messed about in the Forster place they offered a small amount extra and we took it

#12 Post by **mangocrazy** » Sun Mar 13, 2016 7:21 pm

Agree with Wally - claim for new tyres as well. There is every chance that the cords in the tyre have been permanently damaged, twisted or broken, and delamination could also become an issue in the future.

fatboy · #13 Post by **fatboy** » Mon Mar 14, 2016 7:04 pm

Doh !
Kick my arse for missing the obvious in my first reply, of course the tyres will have suffered major carcass damage

nicketynoo · #14 Post by **nicketynoo** » Thu Apr 21, 2016 7:00 pm

Just a quick update. My claim has now gone in after struggling to get quotes for new wheels with the problems MV are having at the moment. I have been offered some almost new wheels from a guy who bought the same bike and immediately replaced them with some aftermarket carbon ones!
But he's asking same price as new ones so that's a no go.
Bennetts of Barnsley have ordered the wheels but are struggling to get them, however they just happen to have a pair of brand new f4 rr wheels kicking around that they want rid of. They're magnesium and much lighter than my originals and because they want rid are £500 cheaper for the pair

What do you think?

D-Rider · #15 Post by **D-Rider** » Thu Apr 21, 2016 7:30 pm

Very nice - be aware though that magnesium wheels have a limited lifetime. You should check how long these are rated for.

You will get a major saving in rotational mass - thus a notable improvement in handling.