• Had an off last night, caused by a lump of dry cement in the middle of a road. No one else involved (quiet road), and I have it on my fly6. No major injuries to me or the bike (on first inspection at least) but I smashed my phone landing on my back. I'm annoyed because it's on my commute and I have clocked them before, but forgot this time.

    I'm going to write to the council to complain as it is clearly a road defect (I'll go back to measure and photograph it tomorrow), and I want it fixed. My question is: what are the chances of the council paying up for my damaged phone?

    I gather with potholes they can be liable for damage, at least to cars and bikes, depending on inspection regimes etc. While it was a lump, not a pothole, it clearly shouldn't be there and is visible in streetview as far back as 2014.

    Any tips on how to proceed?

  • No tips / experience of how to proceed but my understanding is that it is cheaper for councils to pay out for claims than it is to fix the roads.
    Also, I think their liability increases, if the fault has been previously reported and they've done little / nothing about it.
    Hope you are intact.
    Good luck.

  • A claim is based on whether the council is negligible. If the lump is perceived as a fault and has been previously reported but no action taken, then you'll be paid by their insurer.

    Report it and give it a try.

  • Don’t forget all that other stuff that was in your pocket that also got broken..................

  • Additions to the surface are not the councils responsibility according to case law. Or was when I last checked.

    You should still report it though, might make get a move on.

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