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Am I entitled to copy of Accident report (not vehicle) in which I was injured?

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  • Am I entitled to copy of Accident report (not vehicle) in which I was injured?


    My wife slipped on ice outside a leisure centre a few weeks. Everywhere else was salted or cleared other than the car park area where she had to
    park.

    She suffered mild temporary concussion, and may have damaged her spine.

    An accident report was completed at the time, which she signed (although she was only partially coherent).

    She has now asked for a copy of the report, but was told that only a court order would make that possible. Is this true?

    We may wish to make a claim at some time in the future.
    Tags: None

  • #2
    FOI request should do it. Was it the leisure park that completed the report?

    Comment


    • #3
      Originally posted by MountainMan View Post
      My wife slipped on ice outside a leisure centre a few weeks. Everywhere else was salted or cleared other than the car park area where she had to
      park.

      She suffered mild temporary concussion, and may have damaged her spine.

      An accident report was completed at the time, which she signed (although she was only partially coherent).

      She has now asked for a copy of the report, but was told that only a court order would make that possible. Is this true?

      We may wish to make a claim at some time in the future.
      Re FOI:

      The leisure facilities are part of a retirement complex, run by a private "not-for-profit" organisation. Does FOI apply in such cases?

      Comment


      • #4
        If your wife brings a personal injury claim the accident report together with risk assessments, land owner/occupier procedures for salting etc and records as to what and when de-icing was completed (amongst other things) would be disclosable as part of the personal injury claim process.
        You may need to request the documents formally as part of a pre action protocol letter or an FOI request as previously suggested.

        I am a qualified solicitor and am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment


        • #5
          Look Schedule 2 of Data Protection Act 2018, there’s a part about requesting information for use in legal proceedings. You should make a written request citing the correct sections.

          Comment


          • #6
            Originally posted by alc1989 View Post
            Look Schedule 2 of Data Protection Act 2018, there’s a part about requesting information for use in legal proceedings. You should make a written request citing the correct sections.
            (3)The listed GDPR provisions do not apply to personal data where disclosure of the data—

            (a)is necessary for the purpose of, or in connection with, legal proceedings (including prospective legal proceedings),

            (b)is necessary for the purpose of obtaining legal advice, or

            (c)is otherwise necessary for the purposes of establishing, exercising or defending legal rights,

            to the extent that the application of those provisions would prevent the controller from making the disclosure.
            Schedule 2, para 5(3), Data Protection Act 2018
            http://www.legislation.gov.uk/ukpga/...raph/5/enacted
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment

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