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I could be wrong, but in these cases my understanding was that the council needs to have been aware of the poor surface before the incident took place to be liable for any damage that resulted.
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If you can prove the road was not maintained within their repair schedule you can probably win.
I sued a council after a pothole crash and won because I had Google Street View images that showed the hole had been there for months and should've been fixed.
Howard
hippy
@deleted
Should I bother pursuing the council after an accident caused by a poor road repair. Hit a ridge in the road, which bounced and jammed my chain resulting in a lot of road rash, a bad back and me being about £700 out of pocket. I'm probably partially to blame was tired and my concentration must have erred on a road I've ridden hundreds of times before, but the surface is shit. Have reported the road condition to the local council, should I bother to seek recompense or am I wasting my time?