Accident advice needed please

[thelewisgang]

I would appreciate any advice as I've never been in a situation like this before. I fell on Wednesday evening in a council run car park which although lit in places has quite a lot of dark shadowy areas. I twisted my ankle & fell into this large pothole which measured 30" in length, 18" wide & 3" deep. After being driven home I applied ice but the swelling pain was so intense my husband took me to the local A&E. Although I had four xrays, because of the swelling they couldn't be 100% sure if I had a fracture in the ankle. I had a backslab plaster fitted & return back to the Fracture Clinic next Thursday. I spent 5 hours in A&E finally getting home at gone 4am. My husband went to the car park the following morning & took several photos & I contacted the council to report this pothole (workmen had been in the carpark only a few days previous for some patching work but obviously missed this large one!). I have now been told by the council to write to their Finance Department enclosing the photos and they will forward it on to their insurance company. Should I wait & see what their response is or contact a Solicitor independently or an accident helpline? I obviously do not know how much I would have to pay if I went down this route. I really do not know what the best is to do so hope someone could give me the advice. I would appreciate any replies, thank you

[bednobs]

i would wait and see

[brenda]

If you send the photos keep a copy of them for yourself-- things can disappear in correspondece . Good luck.

[jamesnan]

This type of accident happened to my daughter, she slipped down a slope in the local park - her foot went into a hole and she fell and broke her leg in 2 places. Her partner took photographs the same day, but by the next day, it had been repaired and was not dangerous. She submitted details to the council,and was recommended to fight the claim through her union by colleagues at work, which she did. After sticking to her story, after denial by the council, eventually it was agreed out of court, and she received compensation. Perhaps a phone call to the citizen's advice office may be able to offer you some help but don't expect anything to be sorted out in a hurry!

[thelewisgang]

yes, I have the photos saved on a memory stick. thanks so much for your replies. I will sit tight at the moment & see what sort of reply I receive

[boxtops]

When I worked in insurance claims, the limit of variation of ground levels (raised slabs, potholes etc.) was one inch - that could reasonably be believed to be a trip hazard. I think if I were in your shoes I wouldn't write myself, I would go straight to a solicitor - they know the ropes for dealing with liability claims, all the Health & Safety arguments etc - and if/when you win, the council's insurance company would pay your legal fees too. The solicitors know what is reasonable to accept for an injury of this nature, and what to include in the claim - it's all too easy for individuals to be fobbed off with the first offer. When you provide the photos, make sure you keep copies of everything.

[thelewisgang]

thanks boxtops. yes, I am keeping copies of everything including the pictures on a memory stick. I will certainly consider what you have said. I appreciate your reply.

[Barmaid]

I can't improve on Boxtops' answer.

[thelewisgang]

I can't thank everyone enough for replying x x

[boxtops]

Thank you, barmaid :-)

[Nini74]

boxtops is absolutetly right. don't bother going through any claims companies that advertise on tv - they'll just sell your details to a solicitor. either go to your own solicitor or go on the law society website to find a local firm that does personal injury. the solicitor will likely sign you up for a "no win no fee" agreement. rest assured, the council's insurers will deny liability at first, and it will be for your solicitor to go through the mountain of paperwork and "inspection records" to prove that their defence doesn't stand. if the council can prove that they have a reasonable system of inspection and maintenance (and that the follow it), then they can raise a defence - but like i say, up to the solicitor to prove them wrong. good luck x

[thelewisgang]

I will try on Monday to get an appointment with a solicitor in our village who deals with accident claims. hope I don't have to wait too long for an appt & will post back to let you all know what they said. you've all been so kind with your responses x

[Shazza36]

I've had 2 falls and successful claims 1 was with the council, I went through my union and their solicitors took on the case, it didn't cost me anything. The other claim I had a few years ago i just rang one of the companies that advertises on TV and they just refered it on to the nearest solicitor to me, no cost either. It does take about 18 months to 2 years though.

[boxtops]

Eddie, I agree, that does happen - if an injured person is likely to need more treatment because of the accident, they try to hang on as long as possible until the full implications of the required treatment (and the effects on the person in future years) are more clear. It can take a long time, but at least the claim is in the system - and won't be forgotten, unless the claimant decides to drop it, which would be silly (IMO).

[thelewisgang]

I am not in any union as I do not work. I retired a few years back. Thanks for all the extra info x x

[carrieann]

Thank god for a free health scheme. If you want to sue everyone go to usa