2mtr

My city has really crappy roads. so crappy, in fact, that many drivers have been getting money for claims that potholes have damaged their cars.
I thought I'd do the same thing now that I have to get a new rim from hitting all the potholes around here.
Only problem is, when applying for damages, you have to state which pothole did the deed, and what happened. My damages are definitely cause from crappy roads. I don't jump kerbs, don't go off road, and rarely park my bike in racks.
So what would give me a better shot at getting some dough? Lying and saying I had a catastrophic failure from one specific pothole, or saying the roads are a constant abuse?

Regards

Chris L

Well, you need to be aware that whoever it is you're trying to sue is probably going to have some legal representation of their own. If you're going to try and claim that a single pot-hole did the damage, you may need to be ready to counter some arguments based on bicycle speed, weight and physics. It's far better in my view to simply tell it as it is. Also consider before attempting any law suit the possibility that the legal costs you incur could be a lot more than anything you might get back.

Incidentally, I ride in Australia's version of crappy roads land. Here in Queensland the highways are actually worse than many of the dirt roads in other states (and I'm speaking from experience on both counts). My solution is just ride a bullet-proof MTB, look ahead to avoid the very worst sections, and suck it up. I think this works out cheaper than trying to sue people, and I have a far more predictable (and thus easier to deal with) outcome.

BentBum

Check with Hawaii Bicycle League (https://www.hbl.org/). They might have some useful information; if not on their web site, then probably from their office staff.

BostonFixed

I'm also going to sue my city because the roads made my tires wear out.

Anthony King

I agree with the sentiment, but in this case I don't think the dude is talking about a suit. Sounds like the city has set up a claims process which avoids the courts.

I'm also sympathetic with the poster. You know the city taxes you to keep the streets repaired. They waste the money on bs and don't do basic infrastructural upkeep, and you have to buy a new rim. You're being taxed twice, in a way.

Just an idea.
Retrace your normal routes. Note every pothole. Cite them all.

Ohio Trekker

I know around here, when pot-hole season starts, you have a good chance of getting money for a messed up tire, wheel and possibly alignment on your car.

The caveat is you have to prove the City knew the pot-hole existed and did nothing to repair it within a reasonable time. Now who do you suppose would have record of whether or not that pot-hole was reported???

SpokesInMyPoop

Do you ride on Dillingham or something? If I'm correct, that's one of the most poorly maintained streches of road in our country, yet there's ALWAYS construction crews out there. If you ride there, maybe you should look into taking different routes, like King street (not sure how much better that road is, but I'm sure it's an improvement).

When I lived in Waikiki, I almost always took the Ala Wai to get east and west, just because there's a decent "shoulder" from the parked cars, or if it got really bad, I rode on the sidewalk (cuz it's so wide). I recall Kuhio being kinda crappy... how's it lookin' these days, anyway?? I'm gonna be back on O'ahu in 2 months, so I guess I'll find out for myself.

Maybe you should take pics of your rim, tell them your commuting route, survey it a bit... maybe how many potholes are on your commute and whatnot. Maybe find a busted up rim, and say that it was a product of riding on the streets for (x) days/weeks/months.

you could check out the bike shop, too. It's on King street around Piikoi area... by Longs Drugs/old stadium park (if it's still there). I'm sure they can give you information.

Good luck

SpokesInMyPoop

Oh, while you're there, you might want to check out Waiola Shave Ice stand. It's about 2 or 3 blocks south of King street. You can't miss it. Try the azuki/mochi/ice cream bowl. Mmmm... I used to live in the white duplex across the street from it.

shoots.

webist

File the claim. If they give you something you have more than you had before the claim. If they don't pay, you haven't lost anything. Indeed, if you are the only cycling claimant, you will probably get some notariety with teh city/town council or cuty management.

2mtr

Yups, I ride all over Dillingham when I'm working. It's not as bad as Nimitiz is now. Not even half as bad as Kapiolani. But this particular pile of crap that attacked my wheel is on South Street.

I just got an estimate on a new wheel. $100. Mayor Muffi is getting a claim from me tomorrow.

musclefixer

How about this...
Instead of wondering if the city has had any complaints about a certain stretch of road, send the report of said crappy stretch of road/specific pot hole, and count the days. If the city still doesn't do anything about it, and damage does occur, at least you have proof the city was aware of it, and did nothing.
This is one of the reasons riding at night without lights can be bad for your/wheels health.

Brian

Which taxes are you talking here? Property taxes support the city, but if he doesn't own a home, he wouldn't be paying them. A portion of vehicle registration fees may be going to the roads as well, but if he doesn't own a car, he's not paying that either. I'm not making any assumptions about the original poster's situation, only stating that he is not necessarily paying for the upkeep of his public roads.

As far as filing a claim, I think they would deny it to set a precedent. If your car is damaged, you can file a claim with the city, and if they reject it, you can go through your auto insurance carrier. If your insurance pays, they will most likely subrogate against the city. These are issues the city will weigh, along with the validity of your claim. For a bicycle wheel, if they pay one, they have to pay them all. Not likely. And if they deny you, you don't have much in the way of recourse.

I'm curious to see how this turns out. An insurance company generally needs to respond to your claim within 21 days. The city usually only gives you 180 days from the date of loss to make your claim, but I don't know how long they can take to respond.

SpokesInMyPoop

brah, jus tell 'em you ride on Dillingham. Kapiolani is major muffler heaven... I never liked that road.

Regardless, 's not your fault that the roads are so messed up. Hawaii's kinda stupid in that way for some reason. All the construction and road work there seems to do NOTHING.

If you can't get reimbursed, lemme know, and I'll send you $3.75 for one mochi/azuki/ice cream bowl from waiolas. <3

SpokesInMyPoop

ROFL!!! I can tell you've never lived in Honolulu...

Guest

They have the same type of program for drivers here in Chicago. You can file a claim with the city. But I do know if you have a bike that gets damaged, you are supposed to bring the receipt with the location of where the pothole is and fill out a form and submit it to the city. They'll reimburse you.

Koffee

2mtr

The forms don't specify what sort of vehicle was damaged by the potholes — neither does it specify that the damage need be from a pot hole. Mine (the one final stroke that caused this) occured on one of those metal plates construction crews put down because they're too slow to finish the work in one day. So hopefully after I get my repair bill and make copies in quadruplicate, I'll be getting my kala in a few short months.
Also, on my way home from work yesterday, I look over at Waiola Shave Ice, and what do I see? A huge, magnificent rainbow. Yes, Hawaii is nice, even though the streets suck.

and SpokesInMyPoop. Dillingham hasn't gotten any better. The other roads have gotten so bad that that road seems nice in comparison.

Brian

Don't claim that the plates damaged your bike. The city will probably deny your claim, and refer you to the contractor hired to repair the roads. They'll probably have a deductible on their liability policy (yes, they exist) of $1,000, which means you'll have to try to collect direct from them instead of their insurance carrier. Peeing in the wind.
Best to stick with pursuing the city.

SpokesInMyPoop

eh... if anything, I bet you can take Mufi. Take care of Lingle while you're at it *lol*.

Ohio Trekker

If the contractor was registered with the City to do the work, you would actually have better luck than dealing with the city istelf. I can also tell you the last time we had a tire complaint, I was on the jobsite, heard the tire pop, when the person came up, I had one of our laborers change the flat, I sent them to the tire store and had them call me with the price, authorized the work over the phone and paid the bill when I left the jobsite. It's not even worth reporting to the insurance company in a lot of cases since it's typically less than our deductible anyway, along with the fact if we settle it fast, there is less chance of them thinking about mental anguish or other nonsense to trump up their claim, plus it keeps it off our insurance record. On occassions where they don't want to be reasonable we turn it over to the insurance company which can mediated far more effetively than we can.

I also know we could never do a street opening without the public liability insurance that would cover those damages.

Brian

Trekker, I think you'd be the exception, not the rule.

Guest

True. With Chicago, you just put in the claim and add your receipt. They pay. It's cheaper for them to pay than to fight it out. This is what a city official told me. But you do have to say where you ran over the pothole. That way, they can fix the problem in the road.

Koffee

kwv

Many times they would know what pot holes are there when people report them so they could have details of the pot holes and where it is because many times councils/authorites don't know what pot holes they have until people tell them and the bike groups might have forms you can fill out which is then passed on.

But then again the problem is trying to find out who owns and repairs what roads is it Federal, State or Local so who do you go after?

Brian

kwv, you don't seem to totally have a grasp on Australian roads and rules. Don't bother trying to discuss US roads.

kwv

You say this so why don't give me the answers on why you think I "don't seem to totally have a grasp on Australian roads and rules" and why you think I was discussing US Roads?

But then again do you have the grasp to know for sure that the Authories know where the pot holes are and you have the "grasp" to know who owns and repairs what roads in Australia and if it is Federal, State or Local for example who owns and repairs Australia Highway 1?

Because when I rang up to let council know about a damage road I was told it was State and then I was told it was council.

So get to know the facts before replying again thanks.

Brian

In case you haven't noticed, this thread is a discussion on making a claim with the city (in this case in Hawaii) for damaged bicycle rims. Australian roads suck, and I'm not surprised no one takes responsibility for them. From your posts in other threads, many members pointed out your apparent lack of knowledge of the ARRs.