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Can I claim against my local council?

My son has sever facial and head bruising from an accident caused by cracked pavements. Can I make a claim a claim against my local councils insurance or do I need to go to one of the injury lawyers?

Comments

  • ACG
    ACG Posts: 24,703 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    edited 13 January 2012 at 1:22PM
    I read somewhere you can only make a claim if they know about it. If they dont then you cant.

    But why do you need to make a claim? Just inform them of the situation. Its bruising, it will go down after a week or 2, people get bruises all the time...especially kids, i was permanently covered in them. I fell over as a kid where tree roots had pushed up the pavement, my knee was bleeding (quite badly) my arm was too a little....guess what, a few tears and plasters later and i was out playing.

    Why do you feel the need to make a claim, its an accident. God help you if someone fell over in your house.

    Another point....If you do decide to make a claim and the council argue it, would you be prepared to put your kid in a court room?
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  • Crazy_Jamie
    Crazy_Jamie Posts: 2,246 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    My son has sever facial and head bruising from an accident caused by cracked pavements. Can I make a claim a claim against my local councils insurance or do I need to go to one of the injury lawyers?
    If you do ultimately want to bring a claim you will need to instruct a personal injury solicitor. Be aware that this area of law is not straightforward, and you will certainly need to seek the advice of a solicitor as to whether or not you have reasonable prospects of success.

    As an initial point, you mention that the accident was caused by 'cracked pavements'. The law does not require pavements to be flawless without any cracks or defects. As a general rule a defect has to be one inch or more to be actionable. What was the nature of the accident?
    "MIND IF I USE YOUR PHONE? IF WORD GETS OUT THAT
    I'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."
  • You dont need to appoint a solicitor but it is sensible to do so. If you have legal expenses on your home insurance they will be able to advise and if they feel you have a case then appoint a solicitor to assist.
  • adamc260
    adamc260 Posts: 2,055 Forumite
    Claims against the council are a nightmare for injury... the same for potholes and car damage =/ As said above, contact your LEI (Legal Expenses Insurance) on your home policy if you have one or speak to a solicitor and see if they think you have a case. They'll only accept it if they believe they have a reasonable chance of winning.
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