Car Accident - Local Authority Claim???

spinningfish · 2nd February 2007, 11:40

Hello there

Last night I had a car accident, whereby I was driving though our local lanes to get home and as I came through the corner, the back end of the car swung out. This caused the car to crash into the bushes and flip over on to its roof, on the grass verge. If I had been going fast it would have been very serious indeed.

I believe the car to be a write off, as the roof crushed, and a lot of the panels are dented. Luckily, I have escaped with just a sore neck and back, although I have not seen a doctor.

The policeman who arrived on the scene said the cause was that the road was VERY greasy. And it was. When you walked along it, it was like something had spilled on it. Very slippy indeed.

The farmer, whose hedge I have 'pruned', said that a few cars have come off the road there, and in fact, one came off the road in the same place the day before, as he was working in his field. Luckily, that driver didn't hit anything.

The point is, do I have any grounds on which to make a claim against the Local Authority?

Thanks in advance

Fishy....

LondonPam · 2nd February 2007, 13:28

You would have to prove that the council were actually negligent in some way. Questions such as why was the road slippery ?, what was on it ?, were the council made aware etc would all have to be asked.

spinningfish · 3rd February 2007, 00:14

So, would I be writing to the Local Authority, requesting that info?

Thanks

Halibut

Glenn UK · 3rd February 2007, 00:23

Since you will need facts and witnesses and the copper turned up.

Did he give a view about the state of the road specifically?

e.g. did he suggest what was making the road 'greasy'?

Was it wet/icy?

In truth without any proof as to what makes the road greasy i dont see you have a claim.

JMHO

Glenn

mooreda · 3rd February 2007, 22:30

I don't actually think the Council are responsible - it is the Highways - although the Council should be able to advise you whose liable.

Bigmac versus · 3rd February 2007, 22:33

Firstly if they do not know of a problem there then how can they be responsible for this, you need to find out if they had been told of this first.

spinningfish · 16th February 2007, 15:04

I took out a policy with Swiftcover in November with an excess of £150 on the fully comp policy.

I had an own fault accident at the beginning of the month and have now been advised that my excess is £550!?!

The problem with Swiftcover is that they don't send you out your insurance documents in the post - they are stored in your own online area, and you print them off as required.

I've added my partner to the policy, since November, and as such they have replaced the policy documents online, which means I don't have access to the original documents proving my £150 excess.

At no point prior to the accident was I advised that the excess has increased to £550. I'm kicking myself for not reviewing the documents online, but didn't feel I had to as the people I have spoken to have always spelled things out and explained everything.

I'm getting the impression that they have increased the excess to favour themselves, as I have had to make an own fault claim, but I'm at a loss as to what I can do.

Can anyone help me, please??

Thanks in advance

Mr Fish...

gizmo111 · 16th February 2007, 15:11

Ask them when they increased the excess -was it because you added your partner - but £550 is a very high excess.

spinningfish · 16th February 2007, 15:19

I've requested that information, and I'm waiting on the response.

If it was from adding my girlfriend, why would it increase MY excess??

I don't get it.

gizmo111 · 16th February 2007, 15:47

Quote:

Originally Posted by spinningfish

I've requested that information, and I'm waiting on the response.

If it was from adding my girlfriend, why would it increase MY excess??

I don't get it.

Is she a high risk driver - under 25 just passed test that sort of think - convictions, previous accidents?

spinningfish · 16th February 2007, 16:11

She's on a provisional, so yes...

Would that affect my excess though?

gizmo111 · 16th February 2007, 16:13

Quote:

Originally Posted by spinningfish

She's on a provisional, so yes...

Would that affect my excess though?

Probably - as she is a higher risk - did your premiums go up much?
Have a look attheir website and put your details in with her and without her and see what the differences are.

spinningfish · 16th February 2007, 16:20

It was only an increase of about £65, at the time. The guy on the phone never mentioned it would impact on the excess however.

I would rather have paid an increased premium then have a huge excess hanging over my head.

craigwalton · 16th February 2007, 16:38

You might have an argument there... If the Mid Term Adjustment was done over the phone, and he did not tell you of the change of xs then you should have a complaint. The only problem is if the call is not recorded (which I would find strange nowadays) - If it wasn't recorded, and the script they have advises the advisor to tell you of the change of xs, all the Ins. Co have to do is to prove that the adviser was fit and proper.

---added---

Thinking about it more, the excess shouldn't change as a result of this. I am certain the insurance company should keep your excess the same, but add on a inexperienced drivers warranty of £400 (in this case)...

What will probably happen though is that you will have to pay the excess and recover it back through your complaint

spinningfish · 16th February 2007, 16:52

Sounds logical.

I'm going to wait to see what their response is and post it online. I hope they have recorded the conversation...

Darkangelsdelite · 17th February 2007, 23:43

Adding another driver to your policy wouldn't increase your XS as its not changing your risk on the policy (her XS would almost certainly be higher as she has a prov license) Also, the insurer cant increase your XS mid term just because of a claim. (basically any changes that happen during your contractual year e.g convictions claims etc cant be taken into account until your next renewal date) So that only leaves 2 logical options, either your XS has always been £550 and you've simply mis-read the docs, or swiftcover have made a balls up and either quoted you for your girlfriends XS or tried to increase yours mid-term which they're not allowed to do. (breech of FSA regulations).
Sounds like you've done the sensible thing and asked them to explain what's going on so post back when they get back to you and if you need any more help just give us a shout.

DA.

spinningfish · 19th February 2007, 10:14

Still no response from them.

They don't reply to my emails regarding my claim either. I've sent three over the last two weeks and heard nothing. It also takes an age to get through to them aswell.

spinningfish · 19th February 2007, 13:26

OK. I'm really, really confused now.

I had to buy a run-around car in the meantime, while my claim is going through. I've just looked at the schedule and it shows my compulsary excess as £0 and my voluntary as £150!! So what the **** is going on??

Is the person who advised me, over the phone, that my excess was £550 talking utter nonsense, or can they just adjust my excess as they see fit whenever they like???

I'm sooooo mad about this now!

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