Can I claim compensation from council?

angela2095

Maybe the other driver tried to take avoiding action, or stop, which is why only your partner was cautioned

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The other driver was going way over the 20mph limit but we cant prove that.
Plus we dont know if the other driver was cautioned or not.

angela2095

Am i allowed to post pics and if so how do I do it?

Pew_Pew_Pew_Lasers!

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.

What you're wanting to do is abrogate responsibility for this accident from your husband, to the council.

The absence of road markings should have made your husband more cautious, I would agree with the police that he was driving carelessly.

Your husband should accept that he is at least partly at fault here.

Cumbrian_Male

angela2095 wrote: »

Am i allowed to post pics and if so how do I do it?

You would need to host your pics on a hosting site such as flickr photobucket etc then use the img link to post them here.

Equaliser123

angela2095 wrote: »

Like I said, he was driving under 15mph, didnt know the area, when this unfortunate accident happened.

It is an accident - not the Council's fault. That's what is winding people up - the fact you want the taxpayer to pay for the carelessness.

angela2095

Thanks Equaliser, you are right with your comment, we are now just going to let the insurance companies sort it out.

sequence

Maybe he should consider handing his licence back after 34 years then, because a competent drive doesn't drive through un-marked cross roads without slowing down and checking! I doubt he was doing 15mph

Just because you've been driving 34 years, doesn't mean that you're any good!

Happychappy

When you say your partner was cautioned ? what do you mean exactly, do you mean the officer said " You are not obliged to say anything unless you wish to do so but..........." or do you mean he admitted the offence and the officer cautioned him, which is another means of disposal, i.e the officer has dealt with the RTC by your partner admitting the offence and he administered a caution, i.e it isn't going any further ? If it was the first, then your partner may possibly receive a summons, no requirement for a written NOIP as a collision occurred. He wouldn't be charged and judges to not hear due care or fail to comply offences.

FATBALLZ

This is one of the first things you learn when you start driving - watch for unmarked cross roads, slow down and make sure nobdy is coming along the other road, nobody has priority. I don't see how you can possibly blame it on the council, it sounds like you/your partner are just angry at having made a fundamental driving error and want to blame it on someone else.

Hammyman

angela2095 wrote: »

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.

If he was driving at under 15MPH, he would have been able to stop in plenty of time. Sorry but he's selling you a load of lies.