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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I fell over on a National Express Bus, I sprained my hand and

Customer Question

I fell over on a National Express Bus, I sprained my hand and ankle and damaged my i phone beyond economical repair. I use these buses up to five times a week. This bus was not set out in the usual format with the emergency stairs at the back of the bus. The stairs on this bus were in the middle on the left as you walk on and I fell down them as I was holding a small bag in front of me and did not notice them. The stairs also incroached on the walkway. I do not have any suitable insurance for the phone, can I claim on the companies insurance. At the moment they are denying any responsibility or liability. I do not want to claim for personal injury as I did not attend a doctor. I am 71 years old.
Submitted: 1 year ago.
Category: Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
I am afraid you cannot make a claim on their insurance, only they may do so.
Notice of intended prosecution is not the right way of doing this as this is a civil matter, not a criminal matter.
You may send the company a written letter before action saying that you hold the company responsible for your fall and that you are claiming for your damaged phone worth xxx and giving them say 10 days to pay up or you may issue court proceedings.
If they still refuse to pay up, you may file a court claim online for the money at www.moneyclaim.gov.uk
Your claim will be based on the fact that they were liable for your fall and therefore liable for the damage to your mobile handset.
If there was no signage pointing out the stairs, that would help your claim.
Hope this helps