Can I claim compensation from council?

opinions4u

angela2095 wrote: »

at the junction he kept going unaware that it was a crossroads and another car was coming from the left.

The Highway Code has a section on "unmarked crossroads". Drivers need to take additional care.

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.

Out of interest, do you know why they didn't charge the other driver?

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.

I doubt you'll get anywhere. Roads don't have to have road markings on them.

hartcjhart

quote[Out of interest, do you know why they didn't charge the other driver?]

perhaps the other driver was on the 'main' road so had right of way

Equaliser123

hartcjhart wrote: »

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

Not charged - cautioned. It won't go to Court.

OP - you will have some convincing to do to persuade a judge that the Council was at fault - particularly as, presumably, there haven't been countless other drivers getting pranged.

I think your partner should count himself extremely lucky he didn't kill anyone.

BLT_2

angela2095 wrote: »

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.

Tell your partner to watch where he is driving. My hob doesn't have warning signs on it that if I touch it when its on it will burn me, I just know I have to be careful.

If every sh*t driver could claim from the council every time they didn't watch where they were driving the council would go bankrupt.

McKneff

Get your partner to pay for the car.

Equaliser123

BLT wrote: »

Tell your partner to watch where he is driving. My hob doesn't have warning signs on it that if I touch it when its on it will burn me, I just know I have to be careful.

If every sh*t driver could claim from the council every time they didn't watch where they were driving the council would go bankrupt.

Harsh...but completely fair!

McKneff

You havent said whether the other party are claiming anything on your insurance, I wouldntbe surprised if you didnt get a letter from one of these claims management companies before long.

Was there anything said at the scene

Cumbrian_Male

The speed limit through an unmarked junction is 15 mph. What speed were each vehicle doing and what catagory of roads were they travelling on? Is it normally a 4 way stop/ give way or a major road with two facing t junctions.

In any event he failed to see and react to the other vehicle. In my view he may be prosecuted by the police. With regards to the insurance if neither road is an obvious major and thus priority road you will probably get a 50/50 knock for knock claim.

mikey72

Even if it was a true "unmarked junction", no one has priority, so the lack of signs telling him to stop don't really come into it.
All motorists should proceed with caution, and not just assume they have the right of way, just because they are not told differently.
Maybe the other driver tried to take avoiding action, or stop, which is why only your partner was cautioned.

angela2095

Thanks for all the replys. We have read all comments and yes most are fair comments, however for a man who has had a full driving licence for 34 years and NEVER so much has had a single penalty point, insurance claim, accident etc I do find it a bit unfair to be labelled a s**t driver and an idiot !! Like I said, he was driving under 15mph, didnt know the area, when this unfortunate accident happened.