Denied liability what next?

[Cocolisboa]

Hi everyone, I posted last week regarding cru letter.

I then received a letter from the insurer. They said the council are denying liability for the accident I had.

Had a fall, on uneven ground whilst avoiding the exit to a carpark as it was closed off due to scottish water doing road work. Leg snapped in half. Had to stay in hospital for nearly a week. Surgery, 9 pins and a plate. I already have illness (arthritis) and only 31 so its having a huge impact on my life. Problems with healing and second surgery scheduled for revision.

THere were no signs up at the area I fell about uneven surface and also no signs on where to walk since the exit was closed off. The council said I could have used the other exit which was honestly ages away and in the opposite direction of where I was walking.

I didn't have any representation so do I just accept they are taking no responsibility or do I fight it with a no win no fee? Or give up?

Thanks everyone for all your help in last post too.

[des8]

Whether or not you have a viable claim depends on where you walked.and the full circumstances.
Was the exit closed, or was the car park closed?
Is this a public right of way (check on the definitive maps held by the county council)?
If it is a public right of way did the council close it off in accordance with the regulations?
Was it an emergency closure due to eg a burst main?
The lack of signage is important, as is the lack of provision of or signage to alternative routes
Was the route you took an obvious alternative, especially if the exit was physically closed eg round the outside of the gatepost or something?

Really don't have sufficient information to advise you, but it might well be contacting a solicitor to see if they would take your case on a no win no fee basis

[Cocolisboa]

Thanks Des. The car park is an open car park on one level/ground. The exit was blocked as they were doing planned works and I believe they had been there for a few weeks. Lots of orange fencing up etc and signs saying Scottish Water etc.

Where i fell it was an obvious "short cut" as such and lots of people use it or so I was informed after my accident. But obviously I wouldn't have been there if the exit wasn't blocked. There was two other exit/entrances but they were away at the other side possibly 200metres away or more in the opposite direction.

Hopefully that provides a bit more info. I just don't know how easy these claims are with the council. As I thought they were much like that with all cases even liable ones as the council are so defensive these days.

[des8]

One anticipates the council will automatically deny liability.
This will be as instructed by their insurers.
As the obvious alternative route wasn't also shut off, IMO you possibly have a valid claim against the council or Scottish Water.
I would certainly consider contacting a couple of solicitors to see if they can take on your case on a no win no fee basis.
If you have household insurance with legal expenses insurance extension they might be prepared to help.