Badly dented rim: Stupid city-workers leave this in the middle of the road!

[CZroe]

I was driving home from work and went through a lit intersection and as soon as I entered the shadows on the other side (where the street light no longer casts light), I felt a HUGE "slam" that shook every bone in my body. I pulled over and went to check it out, finding this:
deep_trench.jpg

Direction of travel was from left to right, meaning the impact was at the deepest and most abrupt part (perpendicular wall). It looks much more shallow than it actually was due to the shadows and low light. There is no sizing perspective to show just how big it really is either. It's DEEP. It felt like I slammed into the side of an uncovered manhole.

The next day it was filled in. What happened was that the city was doing road work and decided to finish up later/in the morning, deciding that it posed no problem because it will go right between a car's tires and was too thin to be a problem if it didn't... too thin for wide car tires! And it's not so easy for something to pass "between" a motorcycle's tires! They did this in San Diego, which probably has more motorcycles-per capita of any other US city due to the weather.

When it first happened and I pulled over, I looked as best I could for any damage on the rim but it was too dark and I somehow missed this:
dented_rim.jpg

I'm sure the city compensates for damage they cause... in fact, a neighbor was recently saying that he was reimbursed for dented rims on his BMW. I've gotta get some sleep for my graveyard shift but, rest assured, I will be calling.

[bdavison]

Yeah, they owe you a new rim for sure.
I hate potholes...If they would realize that dumping asphalt on top of mud does not a road make...maybe they wouldnt have to go back and fill them in all the time.

In the meantime be careful riding around on that rim...if the bead breaks...you're gonna have a wild ride.

[demp]

damn, that's a really good one, they had better compensate you

[2WheelGuy]

You can get that wheel straightened:

http://www.gpframeandwheel.com/

[mrlmd]

Amazing that still holds air. And also that you didn't go down.

[CZroe]

Originally Posted by bdavison

Yeah, they owe you a new rim for sure.
I hate potholes...If they would realize that dumping asphalt on top of mud does not a road make...maybe they wouldnt have to go back and fill them in all the time.

In the meantime be careful riding around on that rim...if the bead breaks...you're gonna have a wild ride.

In this case, it wasn't a pothole. They were working on the road and carved out that trench. They then left it like that and finished filling it in the next day.

Originally Posted by 2WheelGuy

You can get that wheel straightened:

http://www.gpframeandwheel.com/

Interresting option, but I was thinking that it might be time to get powder-coated or polished and clear-coated rims. Should I also have the frame inspected or would an impact like that not typically affect the frame?

[Rayme]

Demand a new rim! I wouldnt want a repaired rim on a bike, a car it's ok, in my opinion..

[capt_bugaloo]

I'd make a call to the city, and if they give you any problems at all, start tracking down a lawyer with experience at this sort of thing. The city shouldn't have left something like that unmarked, and I think it's reasonable to ask for the damage to be repaired.

[killerkay3]

whoa..

[JokerSeven]

That looks nasty. I'm also suprised that it held air.

[hybridxx]

how dangerous can pot holes be while on a bike?

[rustler753]

Originally Posted by hybridxx

how dangerous can pot holes be while on a bike?

Hang time comes to mind if you find a nice one.

[mrlmd]

"Should I also have the frame inspected or would an impact like that not typically affect the frame?"
Check out your front shocks, make sure they're not leaking and that the forks aren't twisted - both unlikely but you never know.
__________________________________________________

[ninja250]

My R6 had a dented rim like that.
Used to feel great above 70mph.

I replaced it with an ebay wheel for like $90
Straight as an arrow..

I don't like riding at night for these reasons. Can't see what you are running over, and too many animals out to run in to.

[CZroe]

For reference, that is a thick crosswwalk line in the 1st pic, not a thing line like a lane marker. IOW, my size-13 shoe can't span it.

[MKlein3004]

damn that sucks, try your best to get a new rim from them. As for the lawyer thing, that could pan out to be more expensive, but if you get a guy that is a i win, you don't pay, then go for it.

[CZroe]

Well, they are sending me a form to fill out. I doubt they'll just accept my claim out-right. Do you typically get the work done first and then get reimbursed or get an estimate? It'll be tough to afford out-right.

[mrlmd]

Send in a picture of the rim with the form, and send an estimate of the cost of a new wheel and tire, balancing, mounting.etc., from a dealer, with it. If you just send in the form, they will kiss you off or send you $50. You and they both have to know how much of a damage claim you are submitting. They don't know the cost of a new wheel and tire so you have to get all the prices first. You should have NO out of pocket expenses for their negligence, and you might hint that your back is killing you ever since you got that violent jerk which bent your rim and damaged your tire when you hit their hole in the road. A hole in the road that deep and wide should have been filled or covered with a plate or something, not left open like that. You should replace your tire as well, your life depends on your tires, and it may have some cut cords inside.
You have to play their game if you want to win, otherwise you will be brushed off. If they won't pay you for a new wheel and tire, etc, then just tell them you will be suing them, then they also have lawyer's fees and court costs, and they may have to pay for yours too, plus some medical bills. If you can talk to someone in person when you hand in that form instead of mailing it in, you may get a better response.

[CZroe]

I think I will have to pay out of pocket and then hand them the bill... I can't keep riding on it like this and it's my only transportation. at least then I will know exactly how much to charge. I just have to find a way to afford it in the mean time. I sure hope fork service isn't needed (that's probably another $300).

[lockie]

Good luck on the compensation. Check to see if there's a small claims court in your area. Take lots of pics.

[09black250]

yeah that sucks man. i work in an auto shop and recently had a car come in with some big 20" chrome rims that had the same thing happen. In this case they cut the road down to repave. They cut it down like over an inch and crossed an intersection so the guy was going up it when he went through the intersection and it ruined 2 of the rims.

[ninja man]

the roads in the uk are getting realy bad ,in my street there are two deep pot holls been waiting for the council to come are repair the road for weeks now ..

[CZroe]

Small claims court date today. I am NOT prepared. Wish me luck.

[CThunder-blue]

Good luck with the court thing. I nearly got into the same mess yesterday. They just paved over a road and even paved over the manhole covers. When they figured out their blunder, they went back. They not only uncovered the manhole covers, but cut a deep 3" ring around each cover and each ring was 4-5" thick too. Had I not been paying attention, I'd be in the same boat you are. They didn't bother marking the rings with bright paint or any road signs.

[Jinx250]

Maybe I missed it, but I didn't see anyone also tell you to replace that tire. You have no idea whether it has been compromised, but judging from the pic of the rim, I'm surprised it doesn't have a big cut in it.

I'm sure that someone will say "it should be oK to ride" just like ther are those who swear by rims that got dented and straightened. At the end of the day, you decide what your life is worth. JMO.

[whiteboy]

So how did court and everything else go

[CZroe]

Originally Posted by whiteboy

So how did court and everything else go

Judge basically said that I had to prove that the city knew about it and didn't take care of it before I hit it, which is kinda hard because I would have needed to know about it myself to document such a thing and then I never would have hit it. As precedent, I pointed out a published cased from 2006 on a nearby road (runs parallel) with the exact same circumstances where the man seeking compensation was told the exact same thing but won anyway. The judge didn't even want to know the name of the case and just dismissed it as "entirely different" when the circumstances were actually the exact same except that I was on a motorcycle and in more danger.

I am going to appeal. This guy was a "temporary judge" and I feel a real judge may not be so hesitant to consider precedent.

[CThunder-blue]

You could argue that they knew about it since they went out the very next day and filled it.

[whiteboy]

That's ****ed up I see people getting money for the most retarded dam reasons and here some1 who just wants the property fixed and he was in actual danger. Id say prepare a little more and see if you can get the company and workers who do it and get them to sign a paper saying yea they left a big ass hole in the road and shove it in a judges face. Sorry bout the post just things like this are a little agrevateing

[leed]

Originally Posted by CZroe

I am going to appeal. This guy was a "temporary judge" and I feel a real judge may not be so hesitant to consider precedent.

Most reasonable response. It's a shame that they were not willing to take responsibility.. But at the same time, I can understand why. Lots of road construction going on all the time, I'm sure many try to fraud this type of thing. But, I hope your appeal works out in your favor.

If not, I feel your pain -- Unfortunately the city of Chicago wouldn't even consider replacing my bicycle rim when it got destroyed. (Not that I bothered to do anything about it haha, but you know )

[FrugalNinja250]

There are two things you at least need to do. First, you need to file a motion for discovery for all records related to the maintenance done that day and the following day. Things to ask for in your discovery motion include maintenance records of equipment used, materials used and transacted out of any inventory databases kept by the city related to road repair and maintenance (this would include stuff like fuel used by the equipment, asphalt, consumables, etc.), time card records of employees working that day and the next (you need this to get the names of the employees who did that work, see the next thing to do), any maintenance logs indicating that work was done at that location that day and the next, and any other documents related to road repairs for that time period.

The second thing you need to do is to get affidavits from the employees who did the work that day and the next, sworn affidavits. You'll have to hire a notary public or other person who acts as a legal witness.

How it can work out: With this information, and with the employee statements, you win. Not only that, but the city will have to reimburse you for all your legal costs in doing so, plus you have a legitimate claim for the time you spent pursuing the case.

What will likely happen is that once the discovery motions start rolling in the city attorney's office will get involved, and decide that spending tens of thousands of dollars of the city's legal time getting ready to defend this case in court is not worth it and will simply advise the city to pay the claim outright.

Cities rely on fear and intimidation to get people to eat the cost of the city's mistakes, but proceeding in a steady and logical manner will show that you're not afraid of them and are willing to take the steps necessary to win, and you will win.

[Mizono]

Originally Posted by FrugalNinja250

There are two things you at least need to do. First, you need to file a motion for discovery for all records related to the maintenance done that day and the following day. Things to ask for in your discovery motion include maintenance records of equipment used, materials used and transacted out of any inventory databases kept by the city related to road repair and maintenance (this would include stuff like fuel used by the equipment, asphalt, consumables, etc.), time card records of employees working that day and the next (you need this to get the names of the employees who did that work, see the next thing to do), any maintenance logs indicating that work was done at that location that day and the next, and any other documents related to road repairs for that time period.

The second thing you need to do is to get affidavits from the employees who did the work that day and the next, sworn affidavits. You'll have to hire a notary public or other person who acts as a legal witness.

How it can work out: With this information, and with the employee statements, you win. Not only that, but the city will have to reimburse you for all your legal costs in doing so, plus you have a legitimate claim for the time you spent pursuing the case.

What will likely happen is that once the discovery motions start rolling in the city attorney's office will get involved, and decide that spending tens of thousands of dollars of the city's legal time getting ready to defend this case in court is not worth it and will simply advise the city to pay the claim outright.

Cities rely on fear and intimidation to get people to eat the cost of the city's mistakes, but proceeding in a steady and logical manner will show that you're not afraid of them and are willing to take the steps necessary to win, and you will win.

WOW Damn good post and advice Frugal!!! Seriously man way to look out for a fellow rider. I never would have thought of all those things.

[slolane]

Great advice FrugalNinja250, I hope this case turns out well for you CZroe.

[CZroe]

Originally Posted by FrugalNinja250

There are two things you at least need to do. First, you need to file a motion for discovery for all records related to the maintenance done that day and the following day. Things to ask for in your discovery motion include maintenance records of equipment used, materials used and transacted out of any inventory databases kept by the city related to road repair and maintenance (this would include stuff like fuel used by the equipment, asphalt, consumables, etc.), time card records of employees working that day and the next (you need this to get the names of the employees who did that work, see the next thing to do), any maintenance logs indicating that work was done at that location that day and the next, and any other documents related to road repairs for that time period.

The second thing you need to do is to get affidavits from the employees who did the work that day and the next, sworn affidavits. You'll have to hire a notary public or other person who acts as a legal witness.

How it can work out: With this information, and with the employee statements, you win. Not only that, but the city will have to reimburse you for all your legal costs in doing so, plus you have a legitimate claim for the time you spent pursuing the case.

What will likely happen is that once the discovery motions start rolling in the city attorney's office will get involved, and decide that spending tens of thousands of dollars of the city's legal time getting ready to defend this case in court is not worth it and will simply advise the city to pay the claim outright.

Cities rely on fear and intimidation to get people to eat the cost of the city's mistakes, but proceeding in a steady and logical manner will show that you're not afraid of them and are willing to take the steps necessary to win, and you will win.

Thanks. Am I really allowed to do all thast for a small claims case?

[FrugalNinja250]

Originally Posted by CZroe

Thanks. Am I really allowed to do all thast for a small claims case?

Yes. Generally speaking, small claims court limits you to the size of the claim, often in the $5000 range or thereabouts. You can check with the court to find out what other limitations there may be, but small claims courts were set up specifically for ordinary citizens to use rather than having to hire a lawyer and go through a main court.