Can I claim compensation from council?

angela2095

Hi, Not sure if i'm posting this in the right section. My partner was involved in a road accident last week. He thought he was continuing on a straight road and as there was no road markings, due to the road being resurfaced, at the junction he kept going unaware that it was a crossroads and another car was coming from the left. The police were called as my partner would not admit liability due to the fact that there were no markings telling him to stop! The police have cautioned my partner with driving without due care and attention and as we are only third party we are having to pay for the damage to our car. Two days later the council have repainted the markings. My question is, can I claim from the council for damage to my car and injury. Any advice appreciated. Thanks.

hartcjhart

Basically no, you cannot claim,you can try,BUT your partner as the police have charged was driving without due care

Quinny_2

I would disagree.

If there were no markings, and he has pictorial evidence to prove as such, then a claim would be good to go.

As for the rozzers.....

If it goes to court, and it looks like it will, then the pictorial evidence would throw the cops story into doubt. However, if there are any give way signs in evidence, then a prosecution will also be likely.

wealdroam

I bet there was a temporary sign somewhere saying something like...

"Warning. Resurfacing work in progress. No road markings."

When there are no markings, sign or not, one needs to take extra care.

angela2095

Thanks for the replys, we took loads of photos at the scene the are no signs whatsoever, no upright signs or road markings. Who do I claim with or what is my first step? Thankyou

McKneff

There were very probably road signs up and I have to be honest, I have never needed road markings to tell me to stop.

If there was road works going on at an unmarked cross roads, I would be driving with extreme due care and attention.

McKneff

wealdroam wrote: »

I bet there was a temporary sign somewhere saying something like...

"Warning. Resurfacing work in progress. No road markings."

When there are no markings, sign or not, one needs to take extra care.

the sign was very probably there, but once the road was marked the sign would be taken away.

McKneff

angela2095 wrote: »

Thanks for the replys, we took loads of photos at the scene the are no signs whatsoever, no upright signs or road markings. Who do I claim with or what is my first step? Thankyou

I wouldnt hold your breath about getting anywhere with this one.

angela2095

There were no road markings, roadworks or signs there at all. The road had been resurfaced at least a month before BUT the new road markings were not put back on until 2 days after the accident, probably due to the police notifying the council! Because of the bends in the road and built up housing area my partner was only travelling at approx 15 mph!

angela2095

there was road works going on at an unmarked cross roads, I would be driving with extreme due care and attention.

There were no road works going on whatsoever

[Deleted User]

Slightly off topic...

Our council state on their website that they will always reinstate road markings within 48 hours of resurfacing work.

This is never the case, whenever they have resurfaced roads recently in my area it has always been weeks before they come back to do the markings. By then any temp sign has long blown over/nicked etc.