Council liability for broken wheel??

[goodblokemouse]

Hey guys, am new to the news group, I have recently bought a road bike and
had a run in with some tram tracks (in brisbane of all places) on O'keefe St
heading down towards ipswich road the roadworks there have dug up and
exposed tramtracks which are tricky to navigate (so i would advise using the
footpath/bike path on the side of the road here instead) but in doing so
I've damaged my wheel to the point it needs replacing, I just wondered if
anyone knew if the council could be liable for such and unmarked hazard.
(assuming it was unmarked)

 

[ChrisRiley]

Hello, goodblokemouse!
You wrote on Tue, 04 Sep 2007 07:05:18 GMT:

g> Hey guys, am new to the news group, I have recently bought a road bike
g> and had a run in with some tram tracks (in brisbane of all places) on
g> O'keefe St heading down towards ipswich road the roadworks there have
g> dug up and exposed tramtracks which are tricky to navigate (so i would
g> advise using the footpath/bike path on the side of the road here
g> instead) but in doing so I've damaged my wheel to the point it needs
g> replacing, I just wondered if anyone knew if the council could be liable
g> for such and unmarked hazard. (assuming it was unmarked)

You can always write to them and explain and ask for them to cough up , they
might say no but be persistant and make sure you quotes for repairs.
Good luck

 

[flyingdutch]

Yup, write letter of claim.

Note damage t wheel, get quote for replacement/repair, supply photos of road condition

'usually' anything under a excess amount (maybe approx $1-2000) they will settle in-house. Otherwise their insurance covers it.

Find the risk management personage within council and direct your queries thru them

good luck FD

 

[goodblokemouse]

Thanks for the suggestiong I will give that a go and let you all know what
happens.

Richard






"flyingdutch" <[email protected]> wrote in
message news:[email protected]...
>
> Yup, write letter of claim.
>
> Note damage t wheel, get quote for replacement/repair, supply photos of
> road condition
>
> 'usually' anything under a excess amount (maybe approx $1-2000) they
> will settle in-house. Otherwise their insurance covers it.
>
> Find the risk management personage within council and direct your
> queries thru them
>
> good luck FD
>
>
> --
> flyingdutch
>

 

[coppershark]

I just wondered if
anyone knew if the council could be liable for such and unmarked hazard.
(assuming it was unmarked)

I would be surprised if there were not a few Roadworks Ahead or similar signs around.

I assume that in common with 95% of adult cyclists you have a driving licence, Mouse.

Do you remember your instructor saying something about travelling at a speed which would enable you to stop safely before reaching a hazard?

I am of the old school where we were taught to take the consequences of our own actions, i.e you road into a tramline and you should pay for a new rim and not the Council!

The Shark

 

[[email protected]]

On Sep 7, 9:23 am, coppershark <coppershark.2wi...@no-
mx.forums.cyclingforums.com> wrote:
> goodblokemouse Wrote:
>
> > I just wondered if
> > anyone knew if the council could be liable for such and unmarked
> > hazard.
> > (assuming it was unmarked)
>
> I would be surprised if there were not a few Roadworks Ahead or similar
> signs around.
>
> I assume that in common with 95% of adult cyclists you have a driving
> licence, Mouse.
>
> Do you remember your instructor saying something about travelling at a
> speed which would enable you to stop safely before reaching a hazard?
>
> I am of the old school where we were taught to take the consequences of
> our own actions, i.e you road into a tramline and you should pay for a
> new rim and not the Council!
>
> The Shark
>
> --
> coppershark

Wot e said, and keep your eyes open. **** happens, take
responsibility for your own actions (or lack thereof).

 

[goodblokemouse]

<[email protected]> wrote in message
news:[email protected]...
> On Sep 7, 9:23 am, coppershark <coppershark.2wi...@no-
> mx.forums.cyclingforums.com> wrote:
>> goodblokemouse Wrote:
>>
>> > I just wondered if
>> > anyone knew if the council could be liable for such and unmarked
>> > hazard.
>> > (assuming it was unmarked)
>>
>> I would be surprised if there were not a few Roadworks Ahead or similar
>> signs around.
>>
>> I assume that in common with 95% of adult cyclists you have a driving
>> licence, Mouse.
>>
>> Do you remember your instructor saying something about travelling at a
>> speed which would enable you to stop safely before reaching a hazard?
>>
>> I am of the old school where we were taught to take the consequences of
>> our own actions, i.e you road into a tramline and you should pay for a
>> new rim and not the Council!
>>
>> The Shark
>>
>> --
>> coppershark
>
> Wot e said, and keep your eyes open. **** happens, take
> responsibility for your own actions (or lack thereof).



while I agree on principle, at the time riding through a narrow area with
cars piling up behind me and without room to overtake me I did feel a
certain urgency to get to a safer place as quickly as I could thus I
certainly was in a hurry and exceeding a speed I would normally travel. I
also admit that I thought nothing of it at the time but having 5 or 6 people
suggest getting the council to pay for it I thought I'd see what the options
are. Also tramlines aren't something you should expect to have to cross in
Brisbane, a pothole sure I can go around it but two huge chasms in a road
I've traveled on before that was decidedly tramline free are certainly
beyond the avoidable.