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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I had a car accident several weeks ago where the road had been

Customer Question

I had a car accident several weeks ago where the road had been leaking water for several weeks, when traveling to work at 7.00 am the next day, the road had turned into an ince rink, I lost my car after the car in front had braked, i flipped and rolled the car, it was a write off. The leak was either the pub had a water leak or the fields were leaking, however the road had not been maintained by the council. There were three accidents at the point throughout the morning. I rang the council who's first comment was 'do you want a claim form?' I didn't but have filled one out since.
The advice I am looking for is, their insurance have now sent me a letter asking for access all my medical records. Should i do this or is there another avenue I can take?
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
What are you claiming for?
Customer: replied 4 years ago.

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

Expert:  Stuart J replied 4 years ago.
Were you aware that the water had previously been leaking? Do you know where the leak came from? What had the council not maintained
Customer: replied 4 years ago.

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.

Expert:  Stuart J replied 4 years ago.




Thank you.

By all means put a claim in and see a no win no fee solicitor. The fees
that the solicitor would charge would usually be about £200 per hour plus VAT
and would be recoverable if your claim is successful.



On these facts, I would not yet be booking your next summer holiday, the
proceeds of this accident because it if this went to court, because the council
will 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 council
fault, it is the owner of the field. If this is simply surface run off due to
heavy rain, then it is probably not actionable. If however someone has failed
to 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 water
came from.



What also does not help you is the fact that it appears you knew the water
was there because other people told you that it was there.



Clearly, the temperature was low and therefore a reasonable driver should
be 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 or
county council highways department for failing to grit a road in snow or ice
conditions. There has never been a\ succesful claim for failing to clear steps
properly, but there has been as a result
of failing to clear steps properly as a
Hazard had been created.



There is no reason not to send all the medical records and I would let them
have them freely. If you do get an offer out of them you are at liberty to
accept it or seek advice elsewhere.



Can I help further?



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The thread remains open for us to continue this exchange



Customer: replied 4 years ago.

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

Expert:  Stuart J replied 4 years ago.

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 to
positively 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 0
for my time. It is imperative that you give my answer a positive rating. It
doesn't give me "a pat on the head", "good boy" (like ebay), it is my
livelihood!