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Injury on pavements

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  • Injury on pavements

    Hi, wondering if might be able to offer a bit of advice. thanks in advance

    I had an accident on a public pavement there was a large crack/drop (2" in the centre of the pavement) causing me to injury my ankle, which I received medical treatment for and was on crutches for several weeks.

    I spoke to my home insurance company who I pay for legal cover/advice, who offered 'non legal' legal advice, to fill in the from and to see what happens, and to contact them if I didn't hear from them or wanted more information, they also suggest a FOI request for when the pavement was last inspected.

    I filled in the councils form for accidents (more tailored towards car accidents but anyway) and despite there automated replies saying it would be dealt with, within x number of weeks, no response was given, they then responded they were investigating it.

    the FOI shows that the last inspection was in 2017. they also supplied the following information

    The Road Section Number
    ** Close remote footway, *** is numbered **

    Details of how carriageway safety inspection are undertaken including whether walked or driven, the speed of the inspection vehicle and the number of persons in the vehicle
    Safety inspections of the carriageway are undertaken from a slow moving vehicle with two persons present in the vehicle due to the classification of the road. Where the inspector determines that, in their reasonable opinion, the inspection cannot be undertaken and defects effectively observed from the vehicle, the inspection will be carried out on foot.
    The intended frequency of carriageway safety inspections
    Inspection frequencies are based on road hierarchy, and are carried out annually, once a year.

    so they are suggesting that roads should be inspected once a year?

    the litigation team got back to me

    We confirm receipt of your claim form dated 5 March 2021 and apologise for the delay in responding, ** Council does carry public liability insurance, but your claim will fall within the Councilís excess, and will be dealt with directly by us.

    We confirm that we will respond to you on or before 26 June 2021 in accordance with the pre-action protocol. However I can also advise that having begun our investigation into your claim we have had need to make further enquiries in this matter. Once these are completed we will be in a position to substantively respond to your claim.


    They then asked for permission to see my medical records, which I agreed and provided access too.


    they then came back with a settlement email.

    Further to our email of the 20 August 2020, we confirm receipt of your medical report and having confirmed causation we are able to offer you the sum of £1000.00, one thousand pound, in full and final settlement of your claim and any claims relating to it.

    We await confirmation that this settlement is accepted along with return of the attached form duly completed giving your instructions regarding payment. The payment will be made within 28 days of receipt of the completed form and our file will then be closed. By completion and return of this form you agree to these terms.

    ********

    I'm unsure if the suggestion of £1000 is suitable for the injury and inconvenience any thoughts or suggestion would be welcome.

    I haven't told the litgiations team about my FOI request and the information I now know (because there hasn't been any form of communication like that)

    I have called my legal advice via insurance again, who have put me through to a solicitor, but've read mixed reviews on them.

    Any advice welcome.



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  • #2

    Trust your ankle is now fully healed.

    Without having the medical records examined by an expert it is impossible to give an estimate of a reasonable level of compensation.

    You need to see a copy of " Guidelines for the Assessment of General Damages in Personal Injury cases" which is generally used by lawyers.
    It is not normally publicly available but a brief summary is available here: thttps://www.rcsolicitors.co.uk/site-login/resources/documents/personal-injury-damages-guide.pdf

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