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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hello, My wife had an accident at an indoor train station

Customer Question

Hello,

My wife had an accident at an indoor train station car park on the 27th February, which was caused by water on the floor causing the road surface to be extremely slippery. She could not stop the car and as a result the car collided into the side barrier. She was in shock so the ambulance and police were called to the scene.

When the police arrived they also noted the floor was extremely slippery, and this was also noted in their police report (although I do not have the full report, we have clarified the points over the phone with them).

After speaking to the car park attendant, he let slip that when the car park was built (its fairly new) the wrong flooring surface was laid on the upper floors and is not suitable or fit for purpose when it gets wet.

So far we have contacted the car parking company, who have referred us to the train company who manage the car park, they in turn have referred us to their claims department who are now dealing with the case.

There was apparently CCTV and pictures taken at the scene by the car park attendants, I also took pictures which shows the floor to be wet and forwarded them onto the claims company.

The claim company has requested from us the following information:

1. The code of the damage to the car (two quotes)
2. Wage slips for the past 3 months

Me and my wife are claiming for the damage to the car and also the day each we took off work as a result of the accident.

I am getting a little worried, as its been over a month and when I ring to speak with the person handling the case she doesn't give much away, and has yet to admit liability.

I really do not want to go through my wife's insurance, to protect her no claims and also they have confirmed they would not fight the case on our behalf as no other car was involved.

Im really looking for some advice on how to put some pressure on the claims company, and also my legal standing. Is there any law that I can use to re-enforce my claim?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Just so that I am clear, how fast was she going?

Customer :

less than the speed limit, which was 5mph. She's a careful driver and its hard to pick up any real speed in the car park because of the short straights.

Alex Watts :

And what distance did she skid?

Customer :

also, since the accident there have been numerous signs put up warning the public of the slippery surface.

Alex Watts :

And what distance did she skid?

Customer :

skid would of been roughly 3-6 meters

Alex Watts :

And what injuries did she suffer?

Customer :

I think

Alex Watts :

So maximum impact speed 5mphg

Alex Watts :

5mph

Customer :

she banged her head, but ambulance checked her out and just told her to rest. She is not making a personal injury claim.

Customer :

yes, the speed limit is 5mph

Alex Watts :

So its just the damage to the car?

Customer :

yes

Alex Watts :

What is the cost?

Customer :

and a day off work each

Customer :

the two quotes, one for 3k the other for 4k

Alex Watts :

You can do it yourself but you still have to declare the accident.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer :

I have already submitted my claim to their company (transportationclaims)

Alex Watts :

Yes but you need to give them 14 days or say you will go to Court.

Customer :

you think me threatening them with court action would help my case

Customer :

I see

Alex Watts :

If you have already said you would go to Court you can skip this step

Customer :

ok, understood. Is there any specific law that I can use to re-enforce my case, or based on what I have said do you think we have a good chance of winning?

Alex Watts :

No - just what you have said.

Alex Watts :

Can I clarify anything for you?

Customer :

sorry just so I understand, you don't think we have a chance of winning the claim?

Customer :

or was the No to the knowledge of a particular law

Alex Watts :

No particular law....

Alex Watts :

But I don't think you have a claim if I am being honest

Customer :

extra bit of information, there have been 7 accidents there in the past 6 months due to wet weather

Customer :

(another thing the car park attendant let slip)

Alex Watts :

ok

Alex Watts :

Can I clarify anything else?

Customer :

Also if the police report states that the floor was extremely slippery, can that be used in a court of law to support our case (the policeman actually slipped himself when he got out of the car)

Customer :

?

Alex Watts :

Yes that can be used as evidence

Customer :

the police report will cost £90 to obtain, can I add that to the claim?

Alex Watts :

Yes you can if you win

Customer :

great thank you

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Please remember to leave feedback before you go today

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