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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
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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.
Check with Hawaii Bicycle League (http://www.hbl.org/). They might have some useful information; if not on their web site, then probably from their office staff.
I'm also going to sue my city because the roads made my tires wear out.
I'm also going to sue my city because the roads made my tires wear out.
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.
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???
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
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 :)
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.
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.
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.
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.
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.
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.
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.
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
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.
ROFL!!! I can tell you've never lived in Honolulu...
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
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.
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.
eh... if anything, I bet you can take Mufi. Take care of Lingle while you're at it *lol*.
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.
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.
Trekker, I think you'd be the exception, not the rule.
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.
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
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???
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?
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 don't seem to totally have a grasp on Australian roads and rules. Don't bother trying to discuss US roads.
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.
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.
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.
I am still waiting answers from you on why you think I have apparent lack of knowledge of the ARR's and why you think I was discussing US roads.
Because wasn't it you who wrote "you don't seem to totally have a grasp on Australian roads and rules. Don't bother trying to discuss US roads"?
And in case you haven't noticed there was a question about Australian roads and I won't hold anything against you if you have apparent lack of knowledge of the question especially if you think no one takes responsibility for them because someone must if people are paying for them?
So do you 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?
Why did you write the following?
"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"
When you wrote about a Australian issue with the following comment:
"Australian roads suck, and I'm not surprised no one takes responsibility for them".
In other words should everyone only write comments on that country issues in that country forums, mailing lists, groups etc?
For example only write about bike issue that happened in Australia in a Australian forum even those people would like to know what is happening around the world?
If you lie, that's fraud. And your integrity is worth more than the money you might get. If you were in my city, you wouldn't get any money. You have to show the city that 1) your damage came from a specific pothole (or other road hazard); 2) the city knew about that particular pothole; and 3) the city took an unreasonable time to fix the pothole (they get a few business days of nice weather to get it done).
If you lie, that's fraud. And your integrity is worth more than the money you might get. If you were in my city, you wouldn't get any money. You have to show the city that 1) your damage came from a specific pothole (or other road hazard); 2) the city knew about that particular pothole; and 3) the city took an unreasonable time to fix the pothole (they get a few business days of nice weather to get it done).
And as it could take a long time so is it worth it trying to get the money?
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.
But are rego and other road taxes really covering the upkeep of the roads?
But then again if someone doesn't drive or own a house they could be still paying for the upkeep of the roads in the form of other fees and charges.
I'm also going to sue my city because the roads made my tires wear out.
:D Clearly the answer is Concrete tires and rubber roads.
And as it could take a long time so is it worth it trying to get the money?
I've broken a couple of spokes, but I didn't bother trying to get money from the city because I didn't know when it broke and the two of them cost me $16 total (I now have an extra spoke, so I won't have the LBS do the next one).
But if I ruined a rim on a specific pothole, I might make a claim just to see if the city would pay. You have to make your own judgments about your time. The only rule is that you can't lie.
:D Clearly the answer is Concrete tires and rubber roads.
And years ago they didn't have rubber tires but then again maybe they didn't have many pot holes as today.
But are rego and other road taxes really covering the upkeep of the roads?
But then again if someone doesn't drive or own a house they could be still paying for the upkeep of the roads in the form of other fees and charges.
What are you on about here? What other "Fees and charges"? Do you know anything about how taxes in the US are collected and distributed?
Why did you write the following?
"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"
When you wrote about a Australian issue with the following comment:
"Australian roads suck, and I'm not surprised no one takes responsibility for them".
I responded to your comment. The roads here do suck, and there is no way a council would consider paying for damage to bicycle wheels. Things are different in the US.
If you lie, that's fraud. And your integrity is worth more than the money you might get. If you were in my city, you wouldn't get any money. You have to show the city that 1) your damage came from a specific pothole (or other road hazard); 2) the city knew about that particular pothole; and 3) the city took an unreasonable time to fix the pothole (they get a few business days of nice weather to get it done).
I'm not encouraging him to lie, but there is a difference between responsibility and liability. The city is responsible for hiring the contractors that do the repairs, but they will place liability on the contractors so they don't have to pay his claim. It's a blame game, and everyone wants to pass the buck.
What are you on about here? What other "Fees and charges"? Do you know anything about how taxes in the US are collected and distributed?
I responded to your comment. The roads here do suck, and there is no way a council would consider paying for damage to bicycle wheels. Things are different in the US.
What am I on about, read your own comments to find out as you were the one who only mentioned US taxes much later on.
As way before this you mentioned Australian roads and then you went on about fees and charges with no mentioned of what country you are talking about confusing.
So maybe you should mentioned what country you are talking about when it comes to fees and taxes even those in reality taxes and fees are collected from all around the world.
But you are right council wouldn't considered playing for damage to bicycle wheels and good luck in trying to get money.
But then again I thought we were only allow to talk about Hawaii and not Australia?
PS So I guess I won't get anything from you on why you think I have apparent lack of knowledge of the ARR's as you don't have answers so why say it and do you know anything about the ARR and how taxes are collected in the US?
I suppose I should know better than to feed the troll, but here goes:
First, my comment on taxes was the 12th post to this thread, hardly "Later on".
You were the one that made a comment about "Fees and charges", not me.
It is obvious that the other people on this thread are talking about Hawaii, right down to street names. Koffee mentioned Chicago as well. You brought up the fact that no one takes responsibility for Australia's roads, which are crap.
It was pointed out in another thread that you don't know the ARRs, that you post your babbling rubbish on other forums, and are generally considered a troll in them too.
I have 10 years experience in auto subrogation, and have pursued thousands of claims in that time, and filed hundreds of suits. I have a pretty good idea of how the system works, and where liability rests in cases like the one this thread is about. In Australia I have worked for the NSW Police and the IPB. I know as much about the ARRs as I need to.
No go unplug your computer and crawl back under the bridge you came from.
Note to mods: Please don't close this thread, as I think most of us would certainly like to see how this claim turns out.
I suppose I should know better than to feed the troll, but here goes:
First, my comment on taxes was the 12th post to this thread, hardly "Later on".
You were the one that made a comment about "Fees and charges", not me.
It is obvious that the other people on this thread are talking about Hawaii, right down to street names. Koffee mentioned Chicago as well. You brought up the fact that no one takes responsibility for Australia's roads, which are crap.
It was pointed out in another thread that you don't know the ARRs, that you post your babbling rubbish on other forums, and are generally considered a troll in them too.
I have 10 years experience in auto subrogation, and have pursued thousands of claims in that time, and filed hundreds of suits. I have a pretty good idea of how the system works, and where liability rests in cases like the one this thread is about. In Australia I have worked for the NSW Police and the IPB. I know as much about the ARRs as I need to.
No go unplug your computer and crawl back under the bridge you came from.
Note to mods: Please don't close this thread, as I think most of us would certainly like to see how this claim turns out.
So if someone has years of exprience does this mean they know what they are doing for example if a person who has been driving for years do they know what they are doing?
Just because someone said I don't know about the ARR's dosn't mean I don't know about anything the ARR's even those you were the one who said I didn't know about the ARR's but then again I must know about the ARR's otherwise I wouldn't be mentioning bike rules, about Freeways, fees etc etc etc
And aren't you talking crap when said "You brought up the fact that no one takes responsibility for Australia's roads" because if you read my comments I said no one knows which level takes responsibility for roads you were the one who said "no responsibility".
"First, my comment on taxes was the 12th post to this thread, hardly "Later on" so you did in fact made comment about "Fees and charges"?.
Sorry I don't need to unplug my computer and crawl back under the bridge I came from as I want to see you explain on why you failed to answered my questions on why YOU (not someone else) thinks I don't know about the ARR's and why you think abuse especially with name calling is getting your point across.
Abusing someone by calling someone a troll can't you be original with the name calling and as this is going way off track especially with the abuse you could always PM me, unless of course you need a audience?
Also I just wondering if you really know what troll is and I don't mean from Lord of the Ring as I cannot be the troll as I am not a dwarf or a giant?
And with troll also meaning 1. The bait used in trolling, or a line holding this and with you it seems baiting me with your comments do we know who is the real troll?
Note to mod: I don't you should close this thread as I want Expatriate try to explain in public if he can stick with he issue and why he thinks name calling is getting your point across and why he (not someone else) thinks I don't know about the ARR's.
PS Abuse and name calling could be the normal response from someone who cannot accept the truth or doesn't have answers.
Nah. We don't close.... much. We just delete. ;)
Be nice and respectful, at least.
Koffee
Nah. We don't close.... much. We just delete. ;)
Be nice and respectful, at least.
Koffee
A bit like 7-11 ;) and yes we all including ex should be nice and respectful, at least.
Nah. We don't close.... much. We just delete. ;)
Be nice and respectful, at least.
Koffee
Not to mention on-topic and coherent.
Not to mention on-topic and coherent.
Now will you be doing the same especially at least be nice and respectful instead of calling someone a troll and telling them to crawl back under a bridge or do we continue these off topic comments by PM without needing an audience?
holy jebus... this thing degenerated, didn't it?
well, after six months, I got my money from the city. I told the truth of course. I said that over two months of crappy roads, my wheel got out of true, and then one huge pothole took me out.
by the time this was all over, the entire stretch of road where this happened had been taken care of.
So, Honolulu cyclists: you can get money for your bikes when the city breaks them with poorly maintained roads.
I'm glad to hear you got your claim settled. I think I mentioned that they can take up to 6 months, and it looks like they took every day of that to settle with you. The important thing is that you've been made whole.
Thanks for sharing.
:beer:
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.
This is one of the most bandied about inaccurate points in my area from time to time. Let's use me as an example. I rent a house, I don't own it. The property owner charges me a set amount for rent each month. Now, how many people believe that the owner charges me enough money each month to pay his mortgage payment, then pays the property taxes out of his own pocket??? :eek: Don't believe that? Then I guess I'm actually paying those property taxes just like all the homeowners, but I use an "agent" between my paycheck and the city. ;)
The fact that this is a rental property means that in some areas the owner must pay a slighter higher commercial type tax, and extra fees, like for an annual inspection(landlord in San Jose told me this). On top of that, the renter might also be paying a bit extra for the accountant that the owner uses to file those easily understandable government forms.
Sooooo, it's possible that the person that doesn't own property is actually losing more from his/her paycheck to property taxes than the owner/resident of a single family home, PLUS, they don't usually have enough deductions to write off charitable donations and other expenses on their taxes, like homeowners, because they don't meet the minimum.
YMMV. (Thank you, we'll be playing here all week, please bring softer rotten fruit and veggies.)
To op chances are if your rim got thrashed over a period of time fro bad roads your sol. Now if you hit one single pot hole and you point out the damage from it (will be damn obvious from the crush damage on your rim edge) You shouldnt have to much trouble proving it. Now question is if they will pay out or not. They may try to say well your on a bike and dont need to ride that road or any for tht matter etc etc. Theres worse dangers out there than pot holes like drain greats with the slots running in the direction of the road. Those things are flat out deadly.
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???
To ohio trekker and way off topic. I noticed your titeland location mentions red lock trail head. Im guessing this is along the ohio erie connal some where. Just where abouts are you ? Im between wolf creek lock aka lock one and lock 4 here in norton barberton area (south of akron). Im thinking your up past manchester road.
Congrats. You played by the rules and won. Good work!
And thanks for filling us in on the end of the story.
Ahem.... not all Australian roads are crap, far from it in fact.
Ahem.... not all Australian roads are crap, far from it in fact.
You're free to start a new thread to argue that, but they certainly are in Newcastle and Maitland. At least compared to SoCal.
holy jebus... this thing degenerated, didn't it?
well, after six months, I got my money from the city. I told the truth of course. I said that over two months of crappy roads, my wheel got out of true, and then one huge pothole took me out.
by the time this was all over, the entire stretch of road where this happened had been taken care of.
So, Honolulu cyclists: you can get money for your bikes when the city breaks them with poorly maintained roads.
Most excellent. Thumbs up to ya! Great job! :beer:
Koffee
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