Report mud on the road etc

[gringogordo]

Hi,

I came off at a pretty low speed on a fairly minor road today - absolutely covered in mud. Low speed but a fair amount of damage. While I waited for recovery (1.5 hours) a cyclist stopped to say he'd come off the night before and just as my bike was strapped up to a trailer another bike had a spill in the same bit of mud (same for him - basically okay but lots of minor damage) . My bill (Blade, Swindon as I wasn't sure where to go at the time but may regret going to a dealership if I end up paying the whole lot!) came out about £1500 (estimate obvs).

So.....

I've rung the police about a dangerous road, they were sympathetically disinterested and forwarded me on to Wiltshire council who recorded the incident and are going to send me a claims pack. Blade were talking bout sueing the farmer which strikes me as a bit more tricky...

Any advice for a next step?

By the way the road was very minor between Dauntsy and Little Somerford near a place called Loaded Gunn racing. I don't know if it's worth posting a warning on here, seems a bit pointless as it's been reported now but if I'm being a lazy selfish piece of s**t as usual let me know and I'll post a warning somewhere!

[DC]

Sorry to hear that Ben , hopefully the fact that it happened to another motorcyclist and a cyclist at the same place , will strengthen your case .

[Badger-Roy]

Iv heard that your insurance can make a claim against the farmer but I expect it would a along drawn out case as insurance claims normally are. Speak to your insurance company and let them deal with it, im sure they charge you enough after all.

[wiltshire builders]

Really sorry to hear that.
I hate it when people generalise, but all farmers are selfish bast@rds.
No other industry would get away with such dangerous negligence on the roads. I've had arguments with farmers and their response is always "What do you expect us to do, clean it up?"
Uh.....yes I do actually. The same as the rest of us have to.
On Monday night I called 101 to report diesel spread over the road at the bottom of Lowden hill.
They took it pretty seriously and said they would send a car to check on it and notify the Highways agency.
The next day they had spread cement dust over it, so action was taken.
Hope you get it sorted.

[Wes]

Mud causes skidding and is therefore dangerous and a nuisance. Highways Act 1980 Section 161 states: “If a person, without lawful authority or excuse, deposits anything whatsoever on a highway in consequence of which a user of the highway is injured or endangered, that person is guilty of an offence”.




Mud on the roads: Advice for farmers using public highways ...



https://www.nottinghamshire.police.uk/advice/mud

Sorry to hear that Ben, this is taken directly from a police website.

[Badger-Roy]

Worth a read as it shows farmers are responsible for RTAs caused by mud left on roads.
https://www.wrighthassall.co.uk/knowledge/legal-articles/2012/12/18/whos-liable-mud-road/

[wheelers]

I brought this subject up last year and was told by a forum member, what do you expect living in a rural area!!
back In the 1920-30s my father and his family lived in Avon Lane near Tytherton and worked for the local farmer. one night there was a knock on the door and the village bobby reported 'mud on the road' which came from a local field. Grandfather said to his boys, they had to clean it up or they would be out of the tied house.

the problem with rural areas is who is to blame ?, there is probably 3 or 4 farmers who run up and down the road, or even one of their workers. could also be a local horse owner who has run their horsebox/4x4 out of the fields.
when we were organising mx events we were responsible for road cleaning, the problem is when is the road clear?

sorry to hear of your accident but , you might have to take the insurance hit yourself. if you reported it to the police could they provide you with a crime number? did you take photos or get written statements?

[gringogordo]

I have photo's of the road and phone numbers for 2 witnesses but to be honest I think you are right Wheelers. I will look into it but the longer I think about it it just doesn't seem very practical to find & sue the farmer ? This was the bike shops advice and I think it is a bit unrealistic tbh. I have contacted the council and they are going to send a claim form. I have a cyclist witness who says he came off his bike & rang 101 the night before and the number of a guy on a motorbike that went over 1.5 hours after me so some of that should count for something but it's a pretty new situation for me so I don't know. I think I'm best ringing insurance and asking them how I can co-ordinate the claim with a claim from the council. I think 3 of us ion such short succession makes it a real claim but if the council don't pay up & pursue the farmer I'm not sure I have the energy to try and chase down the farmer. Although it is pretty bad 3 incidents came to light within 1.5 to 2 hours...

[gringogordo]

Hmm that is interesting though Wes and Badgerboy and this is what the guy in Blade was probably talking about.
I'm kind of hoping the council may take up some of the leg work though as I'm not sure how easy it would be to prove which farmer etc.

[wiltshire builders]

Why can't you get your insurance to chase the farmer?
It's what you pay them for and will be recorded as a non fault claim.

[Badger-Roy]

Why can't you get your insurance to chase the farmer?
It's what you pay them for and will be recorded as a non fault claim.

im in a similar but different position where a silly old sod didn't stop when joining a roundabout and t-boned me in my car. I don't drive or ride anywhere without a camera recording everything so the whole crash was court on film. He admited being at fault, is currantly waiting for a court date to be prosecuted for dangerous driving and his insurance paid out, however 6 months on im still fighting to get my no claims bonus reinstated. Iv been told it's unlikely il get it back though as its no claims bonus NOT no Blames bonus and dispite not being to blame I did make a claim. So wether your at fault or not if your insurance company gets involved is likely you will lose your no claims as you have made a claim, even if it recorded as as non fault. Just something to bear in mind.

[derekwiltshire]

Surely relatively easy to find culprit/farmer for mud on the road as like starts from either the farmers lane way or the field gate. However if there was heavy rain just recently and the mud has run of the banking/ field as a result then I'm afraid this would if as yet unreported to the council fall to your insurance


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[gringogordo]

Yes have rung up insurance today. I think I was letting myself getting persuaded by all sorts of nonsense yesterday. The idea that someone as lazy and inexperienced in such matters as me could find the farmer and sue is pretty far fetched.

I had it dropped at a dealership and had everything priced up to the max and it comes to about 1.5k (radiator is a bit bent). This is mainly a culmination of a lot of minor damage and seems a bit crazy but guess insurance aren't going to treat me better if it's 500 or 1500 so in for a penny in for a pound!

I will push them to take it further as it was clearly an ice rink (2 bikes over in 2 hours, 1 cyclist the night before) + it had been reported (according to the cyclist) on 101 the night before. Irritatingly I can't see the insurance company doing anything about it for a £1500 claim other than charge me more next year but we'll see.

I'll at least try and claim for my helmet from the council.

Cheers.

[wiltshire builders]

im in a similar but different position where a silly old sod didn't stop when joining a roundabout and t-boned me in my car. I don't drive or ride anywhere without a camera recording everything so the whole crash was court on film. He admited being at fault, is currantly waiting for a court date to be prosecuted for dangerous driving and his insurance paid out, however 6 months on im still fighting to get my no claims bonus reinstated. Iv been told it's unlikely il get it back though as its no claims bonus NOT no Blames bonus and dispite not being to blame I did make a claim. So wether your at fault or not if your insurance company gets involved is likely you will lose your no claims as you have made a claim, even if it recorded as as non fault. Just something to bear in mind.
Blimey. That's not good to hear.
I'm still fighting Aviva (3rd party insurer) after some old bloke ran into my van when it was parked. Caught on cam, he admitted it but a year later I'm still waiting for uninsured losses. (Loss of earnings, equipment, materials and costs incurred)
Total comes to about £1800. Not a lot but they're dragging it out by employing a forensic accountant to check I'm not pulling a fast one.
I've given them all the receipts, bank statements and instructed my accountant to give them whatever info they require.
Couldn't be any more transparent yet they still haven't paid out.
I've just switched all of my insurances to NFU mutual as a result.

[wheelers]

a lesson when settling claims.
2 years last April I was coming out of Bath on the Ducati after calling in for spares at Fowlers and Riders. overtaking a bus that had pulled in at a stop, a girl pulled out and stopped in a yellow box. I had no time to stop, luckily it was only around 5-10mph. twisted forks, lost a bit of paint on bar ends and a bit of boot scuff on paint. I took weight of bike on right hip and shoulder and kept head/helmet off the ground.
since then, Ive had several assesments, physio, and been to the Circle for specialist. the outcome apparently was its a 6 month injury. Im still waiting, but in more pain now than then. it seems Ive got sciatic pain down hips and legs , keep getting cramp in legs, neck pain and cant look up (or paint ceilings), and lately as I went in straight armed braking, shoulders, elbows and wrists are now in constant pain, all these injuries are preventing full work on bikes.
so . when you come to settling, remember , think how you will feel later in years.