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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My tyre blew out on the road and I crashed into a lamp

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My tyre blew out on the road and I crashed into a lamp post. I have now got a letter form the council (via my insurance company) asking to pay for the damage. I cant afford a solicitor but have found some case law on the internet form (Elliot vs Chiew in 1966) can I quote this back to them and get out of paying as it was not my fault - they are talking about negligence and civil actions. what can I do ?
Hello my name is ***** ***** I will help you.
Sadly you are liable. Elliot v Chiew (1966) 110 Sol Jo 724 is to be treated with caution and is no longer good law. If you caused the damage then you are liable.
However your insurance should pay out. But sadly it was your vehicle which means you have liability even if it was not your fault.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

When you say not good law what is meant by this? I did cause the damage but that case shows that if it was not your fault then you should not have to pay? my insurance are saying this is there defence ? can the council come after me as an individual if my insurance company say they are not paying because of this case law ?

The insurance company should pay out. They have a duty if there is a Court Judgment against you to pay out as Road Traffic Insurer under Section 51 of the Road Traffic Act 1988.
Does that help?
Customer: replied 2 years ago.

They don't have a CCJ at the moment but my insurance have stated that this is there defence to the local council. So they are not going to pay the claim made by the council in this matter. I don't understand, I pay my insurance to pay out on claims that I may have ... and then they say this is case law and that's it kind of... if they are saying they will not pay can the council come after me for a CCJ and then use that to get the money anyway seem odd? can you link the above bit you mentioned as I cant find it on RTA 1988?

sorry i'm not trying to get out of paying just don't understand why my insurance are not willing to pay due to this case law as a result - is there anything that has come after this is law? as the case they have looked at is to do with a flat tyre and not a blow out?

Yes I know they don't have a ccj at the moment. Your insurers should be dealing with this directly with the council and not you.
To be clear your insurers should be talking to the council. If the insurers don't pay out then the council will come after you as you were the driver. If they issue then you pass proceedings to your insurers.
You don't get involved at all - insurance should be dealing with this.
Does that clarify?
I should clarify its section 151 of the Act.
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