Pot hole damage claim

ssunshines

My daughter hit a pot hole and had a near fatal car accident.  The car was complete write off.  I have since been in contact with the local authority about the pothole that caused the initial problem.  Long story short I am now pursuing them through the small claims court.  The will have a number of experts there on hand they have advised me.  My question is if we fail to win the claim will she have to pay costs to the council, at this point they have not put in a claim for costs.  I am not quite sure how small claims works when you lose the case.  Any help appreciated.

MattMattMattUK

ssunshines said:

My daughter hit a pot hole and had a near fatal car accident.  The car was complete write off.  I have since been in contact with the local authority about the pothole that caused the initial problem.  Long story short I am now pursuing them through the small claims court.  The will have a number of experts there on hand they have advised me.  My question is if we fail to win the claim will she have to pay costs to the council, at this point they have not put in a claim for costs.  I am not quite sure how small claims works when you lose the case.  Any help appreciated.

Costs are not awarded on a small claims track, what is the potential value of the claim and are you sure it is small claims?

DullGreyGuy

ssunshines said:

My daughter hit a pot hole and had a near fatal car accident.  The car was complete write off.  I have since been in contact with the local authority about the pothole that caused the initial problem.  Long story short I am now pursuing them through the small claims court.  The will have a number of experts there on hand they have advised me.  My question is if we fail to win the claim will she have to pay costs to the council, at this point they have not put in a claim for costs.  I am not quite sure how small claims works when you lose the case.  Any help appreciated.

How much is the claim for? A near fatal car crash would normally mean substantial injuries and therefore certainly isnt Small Track but most like Multi-track in which case full costs will have to be paid by the losing party.

If its Fast Track then limited costs are paid and Small Track then generally no costs are awarded.

Note in all cases the Judge has notable discretion and so if a party has breached the CPR/ not followed due process the judge can award costs irrespective of track. I have seen cases where a party has won but the judge awarded costs to the loser because of breaches of the CPR which effectively meant the claimant paid out more than they received despite wining