Advice Regarding Council Claim

ChrisKnight

Hi MSE Community.

So Tuesday morning I hit a pothole/dip on a notorious bend on my morning commute to work. Upon hitting it, I lost control of my car resulting in a direct collision with the embankment followed multiple flips before coming to a stop resting on the cars driver side. I sustained a nasty laceration to my right arm which hospitalised me for 3 days whilst I underwent surgery and it's safe to say my car is a write-off. Furthermore, the doctors and witnesses were shocked that I came out of it alive besides with only damage to my right arm (good lil car holding together as well as it did!)

I've never claimed off anything other than my phone insurance so I'm not familiar with these processes and was simply looking for some advice. I'm read through quite a detailed section of this website regarding pothole claims for damage but I'm not sure if my case would fit into that or not... primarily for the following reasons:

There is a "dip" in this particular bend that has been there for quite some time resulting in a lot of severe accidents. But in addition to this, the day I crashed, the driver behind me describe a "chunk" missing out of the road within the aforementioned dip. The police had said that I was the 5th person to crash there in the past 2 weeks and as crazy as it seems - another driver overturned their car there the very same evening as me making 6! The driver who informed me of the pothole within the dip contacted me the following day and said that the hole appears to have been freshly filled in overnight (not sure if this will damage my case).

I'm not sure where I stand. This was my first car and I have only had it for a couple of months and I'm incredibly sad to have lost it as you can imagine. I can't afford to replace it right now and I already feel the pain of not having it. Do you think I'd be in a position to receive compensation to help replace my vehicle? And if so, what's my best chance of obtaining it? Are there any cheap law firms that could help? I'm completely new to this and a little intimidated by the prospect of a "1 new driver vs Council" legal battle.

Kind regards,
Chris.

debtdebt

Were you not insured fully comp?

ChrisKnight

debtdebt wrote: »

Were you not insured fully comp?

I am but I fear that claiming will severely increase my premium as this is my first car and I don't have any NCB. Besides, should I have to if the crash wasn't my fault?

neilmcl

ChrisKnight wrote: »

There is a "dip" in this particular bend that has been there for quite some time resulting in a lot of severe accidents.

So why didn't you adjust your driving to take this into account?

Bottom line is you will have to prove that someone, other than yourself, is at fault for your accident and then go on to prove that they, presumably the council, have been negligent. I suggest you consult a solicitor, or simply claim of your insurance as suggested.

neilmcl

Can you tell us where exactly this is so we may have a look via google street view?

ChrisKnight

neilmcl wrote: »

So why didn't you adjust your driving to take this into account?

I do. I've heard about a dip there but was never really sure where it was but the road always seemed very uneven so I just slow my driving down anyway that's why I was surprised that I seemed to bounce out of it in the way I did. The car behind me said there was a "chunk missing" out of the road where the dip (as she described it) which could be responsible for the sudden influx in crashes on that particular bend.

neilmcl

ChrisKnight wrote: »

I do. I've heard about a dip there but was never really sure where it was but the road always seemed very uneven so I just slow my driving down anyway that's why I was surprised that I seemed to bounce out of it in the way I did. The car behind me said there was a "chunk missing" out of the road where the dip (as she described it) which could be responsible for the sudden influx in crashes on that particular bend.

So what speed were you doing, do you think you would've crashed so badly if you driving below 20mph for example?

ChrisKnight

neilmcl wrote: »

Can you tell us where exactly this is so we may have a look via google street view?

Sure. The image is from 2015 and the dip and hole don't seem very visible but you can still take a look:

51.5781214,-3.4795793,3a,75y,74.9h,65.25t

ChrisKnight

neilmcl wrote: »

So what speed were you doing, do you think you would've crashed so badly if you driving below 20mph for example?

I was doing about 30 but to answer your question - of course. I mean, I wouldn't have crashed as bad at 5 compared to 10 and 10 compared to 20. Reducing your speed will almost always (if not always) result in a softer crash but that road has 40 limit I believe and is generally driven by most people at 38-50. I would have usually been doing about 34-35 but I'd just slowed down to overtake a stationary garbage truck so hadn't had chance to reach the usual speed which in hindsight is a good thing.

neilmcl

In other words, knowing the road conditions you still think you were driving at a speed to suit, I would suggest not.

ChrisKnight

neilmcl wrote: »

In other words, knowing the road conditions you still think you were driving at a speed to suit, I would suggest not.

I've spoke to people who were at the scene as well as the emergency services and they all stated that there was nothing wrong with the speed I was going. I have driven this road well over 100 times. The dip is fine upto speeds of 40+ despite the fact I don't drive it that quickly, what I wasn't expecting was a pothole within the dip.