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[NSW] Holding Council responsible for poor road maintenace

Discussion in 'Politics, Laws, Government & Insurance' started by dewy, Jul 16, 2010.

  1. On Tuesday evening I was travelling to work via a poorly lit "back" road that is majorly used as a peak hour alternate road + access to some rural housing and a few mines. Coming around a large left hand bend just before an entrance to a mine my bike got caught in a section of subsiding road where I ended up with some really fast speed wobbles (its around a 80km/hr zone out there) and from here I don't remember what happened until I was woken in an ambulance, I was told I was found close to 150m away from the bike laying face down in the middle of the road.

    My bike had to be towed home, after a brief look over it its going to require at least:
    A new fuel tank (punctured)
    New Guage Cups/Headlight Surround
    New Left Side rear set + gear level
    New Startor/LHS Engine Cover
    New Mirrors
    New LHS Bar End + Handles
    New Headlight Surround
    Rear Fairing is Damaged but still seems functional.

    This is just what I can tell.

    Now I was wondering if anyone has had any lucky chasing up the council/RTA regarding damages caused by accidents resulting from poor road maintenance, if anyone could pm me some "templates" for letters if they have sent a letter before. Will meer photos cover or should I try an organise a quote (which I can't really afford)

    For anyone wondering my
    Draggin Metros
    Shift Vantage
    AGV K3 Helmet safety gear held up very well and I have walked away with a lot of aches but most my skin intact and no broken bones!

    Ps. the motorcycle only had 3rd Party Fire and Theft insurance through Aami, no comprehensive :-(
  2. This exact issue has been discussed earlier this week. Look for the thread.
  3. Not on a bike but...

    My mate went through a pothole in his car which caused a rim to buckle and a tyre to develop a bubble (needs to be replaced).

    He was reimbursed by the RTA.

    You need to figure out whether the road you came off on is an RTA road or a council road then go from there. No point harassing the RTA if it's a council road.
  4. I made a similar thread some months back about unsignposted roadworks with huge trenches cut right across the road which caused damage to several vehicles and a couple accidents. I never managed to find out more except that yes, the council was responsible because it was a council roadwork effort.
  5. be careful. regardless of the speed limit on the road it is up to you to ensure that you do not ride too fast for the conditions. If you are saying you came around the bend and couldn't avoid the subsidence the obvious counter argument is that you should have been going slower. I'm not saying you were, and I don't know the road. I agree the council/RTA have a responsibility but so do you so just word things appropriately
  6. Hey guys, I did look (and again) for a similar thread to this without any luck. Well I have spoken to the council and they claim they are only liable if I can prove them negligent, and I have no idea how I am going to be able to do that :-(

    And RTA is no help because its a council road =\
  7. Take photos. Lots of them. If there's no signposting regarding the road conditions, and you can get a police report of your accident, you'll be on a better start than most.

    then I'd advise to go to a free lawyer (the student kind) and see what they recommend from there. They'll probably draft a letter, including a list of bike and human damage, from their negligence.

    Everything should then smoothly fit into place. ;)

    You okay??