Accident - can I claim? 15 November 2020 at 8:17PM edited 15 November 2020 at 8:18PM in Reclaiming mortgage fees, council tax, etc 6 replies 141 views

Cashby

I slid off my push bike last week which has resulted in surgery to a broken hand. I have been back to the accident location and there are patches of a slippery substance on the road. People have told me to claim against the council. Is this a realistic option and if so how do I go about it please?

[Deleted User]

Honestly, it's one of those things, people get injured on slips all the time, you need to prove negligence. If a lorry has dumped a load of oil on the road, how can the council be blamed if they haven't even been made aware?

pramsay13

What has breaking your hand cost you?
If you've had to buy your own plaster cast, painkillers, sling etc. then maybe you can claim for that.

dunstonh

there are patches of a slippery substance on the road.

Was that just after a rainfall?  After all, roads are always more slippery after rain. Especially if it hasn't rained for a while and its the first rain.  Or where leaves have built up and got wet or damp has caused green on the road?   Weather conditions are the responsibility of the individual.   So, was the slippery substance weather/nature related?   Was it over a over bridge?  Bridges are notorious for being slippery as they tend to freeze up earlier than the rest of the road? (although unlikely this time of the year)

Whilst there are some areas you can sue the council (or highways authority) over, you haven't given enough detail to say whether that is the case or not.

MalMonroe

Were there patches of slippery substance on the road at the time of your accident? Did the substance come before or after you slipped off your bike? What IS that substance and do you know if anyone else has also had an accident in that same place? Have you reported it to the council so that they can clean it up before others have accidents?

You could try contacting Citizens Advice and see what they say. But I do think you will have to prove that the substance was there when your accident happened.

You can make claims for having suffered pain and inconvenience yes - but there does need to be a lot of proof. Councils - and their legal teams - won't pay out without it. 

Cashby

Thank you for all your helpful comments.

[Deleted User]

dunstonh said:

there are patches of a slippery substance on the road.

Was that just after a rainfall?  After all, roads are always more slippery after rain. Especially if it hasn't rained for a while and its the first rain.  Or where leaves have built up and got wet or damp has caused green on the road?   Weather conditions are the responsibility of the individual.   So, was the slippery substance weather/nature related?   Was it over a over bridge?  Bridges are notorious for being slippery as they tend to freeze up earlier than the rest of the road? (although unlikely this time of the year)

Whilst there are some areas you can sue the council (or highways authority) over, you haven't given enough detail to say whether that is the case or not.

I broke my thumb on an invisible oil patch (or something like that) coming off my bike going downhill on a dry day, dry road, riding normally and suddenly bike rear wheel wobbled out, over I went, one of those things unfortunately. Had worse fall without injury trying to take a corner too fast on a wet roundabout, had a bad one as well, without major injury, coming off on ice on an ungritted country road. Perils of cycling, none of which I blamed anyone for, is why I now have studded tyres for deep winter.