I'm claiming for loss of excess £500 on my insurance. Damage to my neck and back. I already visit a chiropractor and this has put me back 12 months. She said I have more than mild whiplash,as there has been hardly any improvement in 4 weeks
I didn't know but lots of other people said it had been like it for several weeks, not sure of the leak but it was either the pub or coming from the fields, i believe and so do others who use the road that it had not been gritted and they knew about the leak and potential for it to be icy..
I only rang them to ask about the road and it's condition and all they had to say was' do you want a claim form?' Also there were two other accidents at the same spot, the road was covered in ice only on this stretch of road for about 50 metres.
By all means put a claim in and see a no win no fee solicitor. The feesthat the solicitor would charge would usually be about £200 per hour plus VATand would be recoverable if your claim is successful.
On these facts, I would not yet be booking your next summer holiday, theproceeds of this accident because it if this went to court, because the councilwill not settle, I think you have very little chance of winning.
I will explain. If it comes off the field, then it is not the councilfault, it is the owner of the field. If this is simply surface run off due toheavy rain, then it is probably not actionable. If however someone has failedto maintain a call that causing the flooding, it could well be actionable.
You are going to need to have to find out exactly why and where the watercame from.
What also does not help you is the fact that it appears you knew the waterwas there because other people told you that it was there.
Clearly, the temperature was low and therefore a reasonable driver shouldbe prepared for conditions like this, although I accept that on sheet ice,there is little a driver can do.
There has never yet been a successful claim against a local authority orcounty council highways department for failing to grit a road in snow or iceconditions. There has never been a\ succesful claim for failing to clear stepsproperly, but there has been as a resultof failing to clear steps properly as aHazard had been created.
There is no reason not to send all the medical records and I would let themhave them freely. If you do get an offer out of them you are at liberty toaccept it or seek advice elsewhere.
Can I help further?
Please bear with me today and over any weekends because I will be onlineand off-line.Please don't forget to positively rate my answer service (even if it was notwhat you wanted to hear) and I will follow up any further points you raise forfree.If you don't rate it positively, then the site keep your deposit and I get 0for my time. It is imperative that you give my answer a positive rating. Itdoesn't give me "a pat on the head", "good boy" (like ebay), it is mylivelihood!If in ratings you feel that you expected more or it only helped a little,please ask me for further info before rating me negatively otherwise I don'tget paid at all for my time and answer. The thread remains open for us to continue this exchange
Hi, I accept your answer but on the point of the condition, I travel the road every day and didn't notice it was leaking, it was dark at 7.00am and was only told afterwards about the road, the roads are wet at this time but only this stretch was icy
I accept that. I would certainly bring a claim but dont book a holiday with the proceeds until they are in your sticky hand.
Please don't forget topositively rate my answer service (even if it was not what you wanted to hear)and I will follow up any further points you raise for free.If you don't rate it positively, then the site keep your deposit and I get 0for my time. It is imperative that you give my answer a positive rating. Itdoesn't give me "a pat on the head", "good boy" (like ebay), it is mylivelihood!