Advice Regarding Council Claim

Aylesbury_Duck

ChrisKnight wrote: »

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.

This is all very interesting but those "witnesses" are nothing of the sort. How are they supposed to know what speed you were doing and whether it was appropriate given the circumstances? It sounds like they were all making reassuring remarks to someone badly hurt in an accident, which is human nature and hardly reliable witness testimony. The emergency services were only there in response to your accident, so how would they even know what speed you were doing?

Bottom line, your insurers should be dealing with all of this. If you are convinced that you were not to blame, tell that to your insurer. They will determine whether there are grounds to claim from a third party or not. If your account to them is what you've put on here, it won't go anywhere.

neilmcl

ChrisKnight wrote: »

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.

So you admit you're a "new driver", that's only had your first car "for a couple of months", yet you've driven this road "over 100 times" in that period and feel that you're an experienced driver enough to judge that this admittedly dodgy road with a dip that's caused a number of "severe accidents in the past" is OK to drive through at the prevailing speed limit. I'm sorry but there may well be an issue with the road surface that requires action but it does sound like your driving experience, or lack of, was a contributing factor to your accident.

AndyMc.....

ChrisKnight wrote: »

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.

And you flipped it multiple times?

Sorry but it sounds like a case of TFF.

macman

You were in a potentially lethal accident which wrote off your car and landed you in hospital for 3 days. But you haven't informed your insurers yet?
This isn't optional,: you need to inform them of any accident, whether you intend to claim or not.
What is the point of paying for fully comp cover if you don't use it under such circumstances? Even if the accident is deemed to be driver error, you will still receive a payout to get you back on the road. Rather than wait a year or so for a civil claim that you have no guarantee of winning.
Since you don't have any NCB yet, you can't lose it.

Manxman_in_exile

How many times did your car "flip" over?


I was involved in a quite nasty collision 3 years ago and neither of us were overturned.

angrycrow

I seems extremely unlikely a car could overturn multiple times if being driven at 30 MPH. I can not see the council paying out on this as even if they agree they were already aware of the pothole and had not got round to fixing it they will state that the driver's speed and manner of driving is what caused the car to overturn.

loskie

"Notorious bend", "driven over 100 times", "new driver"
You crashed as you were driving too fast for the road conditions and your abilities no one to blame but you I'm afraid.

What you are saying doesn't ring true. You also say you "heared about the dip but not sure where it was" yet you have driven it over 100 times.