Accident claim... icy road... probably a stupid question

Madsy11

Hi all

Wondered if I may pick your brains.

My poor little bro wrote his car off last night, on a road that it appears had got a bit icy and wasn't treated. It's a 'C' road and runs through countryside.

Someone else crashed very shortly before him at exactly the same spot. The car rolled down a bank and is a complete write off.

His insurance doesn't cover it because he's TPF&T, and I was just wondering where he stood with it being an untreated road surface as regards making a claim against whoever is responsible for it.

It's a road we all use very regularly and it's normally ok and treated when temperature drops, but it appears not so last night.

I wasn't sure if it might be worth him approaching one of those 'no win no fee' type claim companies.

If there's nothing he can do we will take it on the chin and put it down to experience, really we're just glad he's ok but I just feel really sorry for him, and my parents who paid for the car. (He's not one of those spoilt brats BTW, it wasn't an expensive car, but very necessary for him to get to work etc.)

Your advice would be appreciated.

Quentin

Little (realistically no) chance a no win no fee firm will take this on!

Afraid the chin has to take this.

Madsy11

Thought as much, but thought I'd check before writing it off as an option, thank you Quentin.

alistair.long

You would have to prove that your council failed to grit the roads, especially a road that is likly to have a lot of accidents.
are the roads normally treated and were there any announcements on news/radio?

Although the county council try to help, the onus is firmly on road users to drive according to the prevailing conditions. You should never assume that a road has been salted.

raskazz

Under the Railways and Transport Safety Act 2003 local and highway authorities are required to ensure as far as is reasonably practicable that safe passage is not endangered by snow/ice on adopted roads within their jurisdiction.

Of course there is also the duty of the driver to drive in a manner appropriate to the conditions.

As it was a rural road I suspect that any attempt to pursue the authorities on this would fail as motorways, A and B roads would clearly all take priority over C roads when resources and time are limited.

AndyGuil

His driving ability or lack of caused the accident. It is why more people have accidents in icy conditions they are just not used to it and drive inappropriately.