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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Would I have a right to claim or sew the Nottinghamshire

Customer Question

Hi, would I have a right to claim or sew the Nottinghamshire county council as on Saturday 13th June I drove through a little village called Wellow just outside Mansfield where the village had a ford in the road. I drove through the ford around 9.25am to get to where I was needing to go however the ford was a lot deeper than anticipated probably because of the bad weather and has now written my car off the road and caused £9,500 damage to my car which my insurance will not pay and wil lwrite the car off as the market value of the car is £8,000. There were no signs or warnings before the entry of the ford, and to my amazement the Nottinghamshire highway team came and closed the road two hours after my car had got stuck in the ford. Not only did my car get stuck but 4 other cars did to. Surely the road should of been closed from early morning before my car had got stuck? Where do I stand on this ?
Seb Firman
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Did the council know about the deep water before you got stuck please?
Customer: replied 2 years ago.

The ford in the road has been there years, I personally did not phone them in the morning when I got to the ford as I assumed with the road being open this was normal, I had never been down this road before? but surely this ford must be a high risk and should of been checked in the morning?

Expert:  Ash replied 2 years ago.
Sadly that would not be practical and unless they knew about it then they are not liable. Whilst if they knew about it then they would be liable, it would not be reasonable for them to expect the ford every day to see if was safe. In any event if you sued and it went to court a judge may well consider you to be partly at fault as well.
If you suspected it may noT be safe to pass given the weather, any award could be reduced. But the council are only expected to act if they knew about it.
If you can establish they did then you have a claim.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Okay thank you for your help, I would question the know as speaking with a policeman on the day he told me this was not the first time this had happened and this was a regular occurrence? so therefore to me this would be seen as a high risk area? More over how am I to know this would happen as there are no signs warning that an overflow with bad weather? I only knew this when I drove through and got stuck in the water? I understand the council cannot be held liable to check every ford every day however this seemed to be a regular occurrence so therefore I believe this should of been highlighted?

Expert:  Ash replied 2 years ago.
Sadly whether it is high risk does not matter. It would not be practical or indeed cost effective for the Council to have to check it every day.
Indeed if they checked it and it was ok and there was a sudden downpour a few hours later, would they be expected to go back and check? If so, what are the conditions which they must check? If it rains for x mins? If there is certain amount of rainfall?
You see the problem? Sadly you can try a small claim and I am happy to outline that process, but I do not think you would succeed.
Does that clarify for you?
Alex
Customer: replied 2 years ago.

Yes thank you for clarifying

Expert:  Ash replied 2 years ago.
Happy to help, I am happy to outline the Court procedure if you want to go down that route.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex