Can someone help please. Last summer (July 2008) I was on holiday in London and had a fall, I tripped on uneven pavement on Whitehall. It resulted in me visiting hospital when I got back home.

I contacted Westminster Council, they send me relevant form to fill in, they then sent this to their insurers Gallagher Bassett Int ltd. They sent me forms to fill in, which I duly filled in and returned together with a photo of my injury.

I have been contacting them by email since, to ask to the state at which the investigation was.

On the 12th November last year, I received a response to an email saying they were currently completing there investigations and would return to me shortly with a difinative answer regarding liability.

On Monday I contacted Westminster Council again to complain as to the way and lack of information my claim was being dealt with.

I also sent Gallagher Bassett another email asking what stage the claim was at.

I had a reply from Westminster Council saying it had been sent to the complaints dept, and to allow 10 working days for a response.

I also had one from Gallagher Bassett and reads as follows :-

Dear XX XXXXXXX

I can now confirm that we have completed our investigations into this

matter.

It seems that the defect you unfortunately tripped upon was a failed

reinstatement by EDF Energy. When a company such as EDF performs a

reinstatement they provide a 2 year guarantee period within which no

defects should arise.

Unfortunately, in this case the defect upon which you tripped has arisen as

a direct result of EDF's negligence.

As such, you will need to redirect your claim to them. Their contact

details are as follows:-

EDF Energy

Barton Road

Bury St Edmunds

Suffolk

IP32 7BG

08701 961070

Lastly, our apologies for the delay in this decision being reached.

Yours sincerely,

xxxx xxxxxxxx

I would like to know what to do next?

Should I have to contact EDF Energy?

Westminster Council should do this shouldn't they.

I would appreciate some help in wording letters emails etc on this matter or should I contact an accident claims company?

Thanks

Bump

interesting one this

the highway is maintained by the council

utility companies have an obligation to ensure the road /path is put back into a resnable condition

but at the end of the day, its the council.

its up to them to check this

if i were you i would consult a specialist solicitor

the first half hour is free

please dont use these claim firms

they are only in it for them selves

use a solicitor practice

look in yellow pages under solicitors for a local one

I don't know the definate answer to this, but I would be inclined to think the council is responsible and they in turn should sue the utility co.

After all, if you knock someone down, you don't tell them to see the garage who serviced your car.

please dont use these claim firms

they are only in it for them selves

use a solicitor practice

look in yellow pages under solicitors for a local one

Sorry but I have to disagree.

Do not look in the yellow pages for a solicitor - Ask friends/relatives/family if they have used solicitors - many solicitors will claim to be personal injury experts when they are not. I work with solicitors a lot. back street firms such as you will find locally are like your GP - they know a little about a lot of aspects of law - they have to to survive.

Look for a big practice with a dedicated personal injury department and as I said earlier preferably on recommendation from a friend.

And as an aside - not all claims firms are pirates, although most are.

If you use one - ensure that it is registered with the MOJ CMR: Claims Management Regulation

and again if possible find one through recommendation.

I believe a 'trip factor' on a damaged footpath is 4mm and I'm fairly sure they fall to be dealt with by the appropriate Highways Dept.

What happened with this one cos I'm about to start one?

Hello,

Firstly the council cannot absolve itself of all guilt, they are a joint third party and are also jointly liable. I have be involved with a case where a lady tripped on a water box cover, and the water company and the council had to share the cost of compensation.

You some more facts about the defect, from the council so ask them the following questions.

When did EDF undertake the works?

when did the council highways NRSWA inspector undertake his Category A, B and C inspections. The Cat B and C inspections are the most important as they would have been done after EDF finished the works.

Also you need to know about the councils routine hightways inspections (Highways Act) for that footway which are probably undertaken monthly. These inspections are seperate from the NRSWA inspections (New Roads and Streetworks Act). Did any of the routine inspections identify any defects for the EDF site.

Was the EDF site ever defected.

As the council have a duty to inspect the site this is what makes them a 3rd party liability, so dont be put off by their excuses. Let them know that you hold them responsible as a third party.

Tell me about the defect, do you have any mesurements about the site as in the dimensions of the trip hazard? can you attach the site photo.

what were the extent of your injuries?

If this is worth pursuing then you will definately need a solicitor, but be warned that this will go to court.