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  • FIRST POST
    • ChrisKnight
    • By ChrisKnight 14th Jul 17, 4:44 PM
    • 7Posts
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    ChrisKnight
    Advice Regarding Council Claim
    • #1
    • 14th Jul 17, 4:44 PM
    Advice Regarding Council Claim 14th Jul 17 at 4:44 PM
    Hi MSE Community.

    So Tuesday morning I hit a pothole/dip on a notorious bend on my morning commute to work. Upon hitting it, I lost control of my car resulting in a direct collision with the embankment followed multiple flips before coming to a stop resting on the cars driver side. I sustained a nasty laceration to my right arm which hospitalised me for 3 days whilst I underwent surgery and it's safe to say my car is a write-off. Furthermore, the doctors and witnesses were shocked that I came out of it alive besides with only damage to my right arm (good lil car holding together as well as it did!)

    I've never claimed off anything other than my phone insurance so I'm not familiar with these processes and was simply looking for some advice. I'm read through quite a detailed section of this website regarding pothole claims for damage but I'm not sure if my case would fit into that or not... primarily for the following reasons:

    There is a "dip" in this particular bend that has been there for quite some time resulting in a lot of severe accidents. But in addition to this, the day I crashed, the driver behind me describe a "chunk" missing out of the road within the aforementioned dip. The police had said that I was the 5th person to crash there in the past 2 weeks and as crazy as it seems - another driver overturned their car there the very same evening as me making 6! The driver who informed me of the pothole within the dip contacted me the following day and said that the hole appears to have been freshly filled in overnight (not sure if this will damage my case).

    I'm not sure where I stand. This was my first car and I have only had it for a couple of months and I'm incredibly sad to have lost it as you can imagine. I can't afford to replace it right now and I already feel the pain of not having it. Do you think I'd be in a position to receive compensation to help replace my vehicle? And if so, what's my best chance of obtaining it? Are there any cheap law firms that could help? I'm completely new to this and a little intimidated by the prospect of a "1 new driver vs Council" legal battle.

    Kind regards,
    Chris.
Page 1
    • debtdebt
    • By debtdebt 14th Jul 17, 5:07 PM
    • 237 Posts
    • 151 Thanks
    debtdebt
    • #2
    • 14th Jul 17, 5:07 PM
    • #2
    • 14th Jul 17, 5:07 PM
    Were you not insured fully comp?
    • ChrisKnight
    • By ChrisKnight 14th Jul 17, 5:27 PM
    • 7 Posts
    • 0 Thanks
    ChrisKnight
    • #3
    • 14th Jul 17, 5:27 PM
    • #3
    • 14th Jul 17, 5:27 PM
    Were you not insured fully comp?
    Originally posted by debtdebt
    I am but I fear that claiming will severely increase my premium as this is my first car and I don't have any NCB. Besides, should I have to if the crash wasn't my fault?
    • neilmcl
    • By neilmcl 14th Jul 17, 5:35 PM
    • 9,858 Posts
    • 6,865 Thanks
    neilmcl
    • #4
    • 14th Jul 17, 5:35 PM
    • #4
    • 14th Jul 17, 5:35 PM
    There is a "dip" in this particular bend that has been there for quite some time resulting in a lot of severe accidents.
    Originally posted by ChrisKnight
    So why didn't you adjust your driving to take this into account?

    Bottom line is you will have to prove that someone, other than yourself, is at fault for your accident and then go on to prove that they, presumably the council, have been negligent. I suggest you consult a solicitor, or simply claim of your insurance as suggested.
    • neilmcl
    • By neilmcl 14th Jul 17, 5:37 PM
    • 9,858 Posts
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    neilmcl
    • #5
    • 14th Jul 17, 5:37 PM
    • #5
    • 14th Jul 17, 5:37 PM
    Can you tell us where exactly this is so we may have a look via google street view?
    • ChrisKnight
    • By ChrisKnight 14th Jul 17, 5:41 PM
    • 7 Posts
    • 0 Thanks
    ChrisKnight
    • #6
    • 14th Jul 17, 5:41 PM
    • #6
    • 14th Jul 17, 5:41 PM
    So why didn't you adjust your driving to take this into account?
    Originally posted by neilmcl
    I do. I've heard about a dip there but was never really sure where it was but the road always seemed very uneven so I just slow my driving down anyway that's why I was surprised that I seemed to bounce out of it in the way I did. The car behind me said there was a "chunk missing" out of the road where the dip (as she described it) which could be responsible for the sudden influx in crashes on that particular bend.
    • neilmcl
    • By neilmcl 14th Jul 17, 5:43 PM
    • 9,858 Posts
    • 6,865 Thanks
    neilmcl
    • #7
    • 14th Jul 17, 5:43 PM
    • #7
    • 14th Jul 17, 5:43 PM
    I do. I've heard about a dip there but was never really sure where it was but the road always seemed very uneven so I just slow my driving down anyway that's why I was surprised that I seemed to bounce out of it in the way I did. The car behind me said there was a "chunk missing" out of the road where the dip (as she described it) which could be responsible for the sudden influx in crashes on that particular bend.
    Originally posted by ChrisKnight
    So what speed were you doing, do you think you would've crashed so badly if you driving below 20mph for example?
    • ChrisKnight
    • By ChrisKnight 14th Jul 17, 5:44 PM
    • 7 Posts
    • 0 Thanks
    ChrisKnight
    • #8
    • 14th Jul 17, 5:44 PM
    • #8
    • 14th Jul 17, 5:44 PM
    Can you tell us where exactly this is so we may have a look via google street view?
    Originally posted by neilmcl
    Sure. The image is from 2015 and the dip and hole don't seem very visible but you can still take a look:

    51.5781214,-3.4795793,3a,75y,74.9h,65.25t
    • ChrisKnight
    • By ChrisKnight 14th Jul 17, 5:48 PM
    • 7 Posts
    • 0 Thanks
    ChrisKnight
    • #9
    • 14th Jul 17, 5:48 PM
    • #9
    • 14th Jul 17, 5:48 PM
    So what speed were you doing, do you think you would've crashed so badly if you driving below 20mph for example?
    Originally posted by neilmcl
    I was doing about 30 but to answer your question - of course. I mean, I wouldn't have crashed as bad at 5 compared to 10 and 10 compared to 20. Reducing your speed will almost always (if not always) result in a softer crash but that road has 40 limit I believe and is generally driven by most people at 38-50. I would have usually been doing about 34-35 but I'd just slowed down to overtake a stationary garbage truck so hadn't had chance to reach the usual speed which in hindsight is a good thing.
    • neilmcl
    • By neilmcl 14th Jul 17, 5:51 PM
    • 9,858 Posts
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    neilmcl
    In other words, knowing the road conditions you still think you were driving at a speed to suit, I would suggest not.
    • ChrisKnight
    • By ChrisKnight 14th Jul 17, 5:56 PM
    • 7 Posts
    • 0 Thanks
    ChrisKnight
    In other words, knowing the road conditions you still think you were driving at a speed to suit, I would suggest not.
    Originally posted by neilmcl
    I've spoke to people who were at the scene as well as the emergency services and they all stated that there was nothing wrong with the speed I was going. I have driven this road well over 100 times. The dip is fine upto speeds of 40+ despite the fact I don't drive it that quickly, what I wasn't expecting was a pothole within the dip.
    • Aylesbury Duck
    • By Aylesbury Duck 14th Jul 17, 6:30 PM
    • 909 Posts
    • 1,019 Thanks
    Aylesbury Duck
    I've spoke to people who were at the scene as well as the emergency services and they all stated that there was nothing wrong with the speed I was going. I have driven this road well over 100 times. The dip is fine upto speeds of 40+ despite the fact I don't drive it that quickly, what I wasn't expecting was a pothole within the dip.
    Originally posted by ChrisKnight
    This is all very interesting but those "witnesses" are nothing of the sort. How are they supposed to know what speed you were doing and whether it was appropriate given the circumstances? It sounds like they were all making reassuring remarks to someone badly hurt in an accident, which is human nature and hardly reliable witness testimony. The emergency services were only there in response to your accident, so how would they even know what speed you were doing?

    Bottom line, your insurers should be dealing with all of this. If you are convinced that you were not to blame, tell that to your insurer. They will determine whether there are grounds to claim from a third party or not. If your account to them is what you've put on here, it won't go anywhere.
    Last edited by Aylesbury Duck; 14-07-2017 at 7:33 PM.
    • neilmcl
    • By neilmcl 14th Jul 17, 7:30 PM
    • 9,858 Posts
    • 6,865 Thanks
    neilmcl
    I've spoke to people who were at the scene as well as the emergency services and they all stated that there was nothing wrong with the speed I was going. I have driven this road well over 100 times. The dip is fine upto speeds of 40+ despite the fact I don't drive it that quickly, what I wasn't expecting was a pothole within the dip.
    Originally posted by ChrisKnight
    So you admit you're a "new driver", that's only had your first car "for a couple of months", yet you've driven this road "over 100 times" in that period and feel that you're an experienced driver enough to judge that this admittedly dodgy road with a dip that's caused a number of "severe accidents in the past" is OK to drive through at the prevailing speed limit. I'm sorry but there may well be an issue with the road surface that requires action but it does sound like your driving experience, or lack of, was a contributing factor to your accident.
    • AndyMc.....
    • By AndyMc..... 14th Jul 17, 7:58 PM
    • 731 Posts
    • 557 Thanks
    AndyMc.....
    I was doing about 30 but to answer your question - of course. I mean, I wouldn't have crashed as bad at 5 compared to 10 and 10 compared to 20. Reducing your speed will almost always (if not always) result in a softer crash but that road has 40 limit I believe and is generally driven by most people at 38-50. I would have usually been doing about 34-35 but I'd just slowed down to overtake a stationary garbage truck so hadn't had chance to reach the usual speed which in hindsight is a good thing.
    Originally posted by ChrisKnight
    And you flipped it multiple times?

    Sorry but it sounds like a case of TFF.
    • macman
    • By macman 14th Jul 17, 11:03 PM
    • 41,127 Posts
    • 16,874 Thanks
    macman
    You were in a potentially lethal accident which wrote off your car and landed you in hospital for 3 days. But you haven't informed your insurers yet?
    This isn't optional,: you need to inform them of any accident, whether you intend to claim or not.
    What is the point of paying for fully comp cover if you don't use it under such circumstances? Even if the accident is deemed to be driver error, you will still receive a payout to get you back on the road. Rather than wait a year or so for a civil claim that you have no guarantee of winning.
    Since you don't have any NCB yet, you can't lose it.
    Last edited by macman; 14-07-2017 at 11:08 PM.
    No free lunch, and no free laptop
    • Manxman in exile
    • By Manxman in exile 15th Jul 17, 12:10 AM
    • 706 Posts
    • 489 Thanks
    Manxman in exile
    How many times did your car "flip" over?


    I was involved in a quite nasty collision 3 years ago and neither of us were overturned.
    • angrycrow
    • By angrycrow 15th Jul 17, 6:46 AM
    • 329 Posts
    • 247 Thanks
    angrycrow
    I seems extremely unlikely a car could overturn multiple times if being driven at 30 MPH. I can not see the council paying out on this as even if they agree they were already aware of the pothole and had not got round to fixing it they will state that the driver's speed and manner of driving is what caused the car to overturn.
    • loskie
    • By loskie 15th Jul 17, 7:27 AM
    • 1,072 Posts
    • 640 Thanks
    loskie
    "Notorious bend", "driven over 100 times", "new driver"
    You crashed as you were driving too fast for the road conditions and your abilities no one to blame but you I'm afraid.

    What you are saying doesn't ring true. You also say you "heared about the dip but not sure where it was" yet you have driven it over 100 times.
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