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    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
    • When I sadly lost my job a while back, i reportd it immpediately to DWP as you are supposed to, but didnt realise at the time that the day I reported to them was the day before I was paid out for the last month. I was actually paid extra whem I left as it was cheaper than redundancy fort the business and at the time it was a good financial move (so I thought).   I was paid on Fri 26th Jan, they paid me out 2 months in one go. I reported to DWP on the 22nd of Han that I was made unemployed, had the letters and evidence. As they spun the story, because of their assesment dates and that, my first payment was on the 1st May and reassured that it works the other way around. That when work starts again, if I dont actually receive money from the company during the assesment period, there wont be an issue as it balances up.   Can I believe this or was it another spun story? I'm concerned that as I'll be paid monthly, (Starting on the 15th paid on the last day of the month), assment ends on the 22nd. Tha they'll take that money into consideration.   I'm just concerned due to the disparity it would cause between 4 odd months I endured with zero income because of how their system works and whatever they ahe in place to counter at this end of the claim.   Anywa, it's just awonder.   Cheers,   Ade    
    • Hi, OP sister here, im going to try and explaine in full details from start to present and see if you have any advice for me on what i can do. on 15/1/2021  at 16:25pm i was traveling along hazlebarrow cresent wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR seddon. ( im going to attatch a street veiw picture and diagram wich will be more helpful in understanding how the accident accured ect) .  The owner of the parked car, which i will refer to as Mr simpson came out of his house. Myself, mr seddon and mr simpson exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property. I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect . by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and mr seddons van ect). Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.  Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability. an engineer had collectes my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .  I didnt hear nothing for around 2 weeks so i comtacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability' i asked them why admirel consider themSelf not liable and she read from the notes ' mr seddon said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' . the lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault. I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of wich i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.  The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.   Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the ' none prejudice payment) I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .   I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . again she said ' its still in dispute, admirel are not budging i have to pass this on to management. She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!? Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum and you guys had mentioned the hire car rates may fall back on me. I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. and the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' . i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport' I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i didnt have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.    After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' . will they find any fault with the contract just to try and lumber me with the debt? , as it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.  And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?    As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.  Tomorow i am going to read thoroughly through the ' hire car contract' . i am going to give them another call and record them saying i am not liable for the debt. Any advice on how i can just give the hire car back to them without me being liable to pay the debt?  Thank you Gemma
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Tripped and fell in supermarket car park


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That is the answer or similar I had from victim support after being hit over the head with an iron bar & robbed of days takings a few years ago = actual comment also was = what do you expect me to do quote:-

:mad2::-x:jaw::sad:
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I was only trying to understand the situation so I could be better informed..

 

I quite agree

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"And of course this is the obvious question which no one else bothered to ask".

 

I made the connection in my first post, the possibility of excessive water

 

The simple fact is that Sainsburys owe you a duty of care like any other retailer and were they negligent in causing you a physical injury?

 

That negligence will be on how bad the flooring was at the time of the accident and external factors such as excess water, oil, diesel etc. The CCTV images will answer that question

 

Sainsburys has been negligent in not coming out and seeing that the OP welfare as the car park would have been covered under CCTV and the fall witnessed and recorded.

 

What you need to do is contact Sainsburys head office and seek their response first along with asking for a copy of the CCTV witnessing the fall.

 

They should have done a root cause analysis of the accident

 

If they start to stall contact your local solicitor for a no win no fee claims assessment

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I should say that the accident happened early in the morning.

 

The car park was virtually empty.

 

I wasn't walking through cars that had come in from the rain.

 

In fact it wasn't raining that particular day, although it was the day before.

 

I wasn't planning to go to an injury lawyer.

 

They make my blood boil with their

"have you fell off the end of your pencil?" spiel.

 

I was planning to write to the store but just wanted advice as to how I should do it

and what you thought my chances of success were.

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My mother had a similar fall and broke her shoulder, a NWNF firm (Irwin Mitchell) picked it up and at first said that they had had a lot of reports and claims from this particular place, and that her chances of winning were very good.

 

They did all the leg work only to come back to her a few weeks later to tell her that there was no chance of winning.

 

As I said to my Mum, this is what you get with these NWNF outfits, they will tell you what you want to hear in order to try and get your money, but when they look into it and find out just how much work, or rather compensation is on offer, they will tell you it is fruitless, simply because there isn't enough profit in it for them.

 

I don't know what to suggest, as it could be deemed either or really.

If there was something obvious that made you fall, that they should have reasonably expected to cause an injury or fall to someone, then yes go ahead, but as their isn't, from what you say, then I really don't fancy your chances, have you thought about writing to the store manager to inform him of what you're now going to have to go through, and that this is your favourite store to shop at etc etc ??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I thank the genuine people who are trying to help me and giving their advice. I don't want to claim for pain and suffering or loss of earnings but I just want to know what are my chances of recouping what I would have to pay the dentist, as well as what I have already paid.

 

I am sad for your experience that resulted in your fall. There was water, but what do you believe caused you to trip ?

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Yes I was planning to write direct to them, particularly as he said he would look at the CCTV footage and let me know the outcome. Should I write to my local store or to the Head Office?

 

the slippery floor on the walkway. I was hoping the CCTV caught it.

 

Sorry to here about your mother a broken shoulder is no joke either.

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I myself would go to the local solicitor in the high street for the personal touch on a no fee no win agreement. Ignore these ambulance chaser claims management companies like the plague

 

Any correspondance needs to go to Sainsburys head office, not the local store

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Did the OP not say she slipped in a puddle?

 

Where are you getting that the OP tripped over their own feet? Unless I missed something of course.

 

Uh....the first line?!?

 

I tripped and fell in Sainsbury's under cover car park. There was a pool of water on the floor and I fell flat on my face breaking my front tooth and nose. No one from Sainsbury's came to my aid, two passers by helped me to my car and I phoned my daughter who drove me to A and E.

I went to Sainsbury's the following day and spoke to the deputy manager, he filled in an accident form. Went to the car park with me and took photos, examined my shoes and told me he would look at the CCTV footage and call me up last week. So far nothing! I also showed him the A and E report.

My dental bill so far is £350 with another £600 to replace my partial denture. Can anyone help me draft a letter as I wish to claim compensation? Do you think I have a case?

I don't know what the CCTV will reveal because I was on the floor covered in blood for a while and they never sent anyone to help me.

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I would write to the store manager directly first, see what they say, like I say at best I think you would stand to gain some vouchers for in store.

 

But if you're not happy with his response then you can ramp it up to the area manager.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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the slippery floor on the walkway. I was hoping the CCTV caught it.

 

Please understand I am trying to be helpful. Does water on its own cause a slip or perhaps (and I am only asking) could there have been another substance that caused you to slip. The point being here is, could water on it own have caused the accident..

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My concern is that Sainsburys did nothing

 

This person could have been seriously injured

 

Flip the coin and say a customer had a heart attack and required one of those defibrillators that are now in major stores and shoping centres.

 

There is a definitive link that Sainsburys has been negligent in not providing a mininum level in a duty of care to customers not in their employ

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the walkway is painted in the stuff that yellow lines are painted in.

 

 

It becomes slick when water is on it, particularly as on this day, there was water pooled on it.

 

 

The car parking spaces are in the kind of material you see in kids' playgrounds so don't seem to be slippery.

 

 

If that makes sense. I slipped/tripped from the walkway onto the empty car parking space.

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Bolly 1

 

You do not have to justify yourself or actions to anyone, you are the injured party in all of this and shame on people putting you through the third degree for sustaining an injury and asking a question for help

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Please ignore all the naysayers who do not really know what they are talking about.

 

The supermarket has a legal obligation under the Occupiers Liability Act to keep you and their premises reasonably safe.

 

If they had no system of inspection of the area where you fell, or they knew about the leaky roof and did nothing, then they would be negligent and liable for your injuries and financial losses.

 

Please seek qualified legal advice from a law firm and don't let the negative perception of 'no win no fee' solicitors perpetuated by the tabloids put you off enforcing your legal rights and obtaining justice.

 

Uh....the first line?!?

 

I tripped and fell in Sainsbury's under cover car park. There was a pool of water on the floor and I fell flat on my face breaking my front tooth and nose. No one from Sainsbury's came to my aid, two passers by helped me to my car and I phoned my daughter who drove me to A and E.

I went to Sainsbury's the following day and spoke to the deputy manager, he filled in an accident form. Went to the car park with me and took photos, examined my shoes and told me he would look at the CCTV footage and call me up last week. So far nothing! I also showed him the A and E report.

My dental bill so far is £350 with another £600 to replace my partial denture. Can anyone help me draft a letter as I wish to claim compensation? Do you think I have a case?

I don't know what the CCTV will reveal because I was on the floor covered in blood for a while and they never sent anyone to help me.

 

You mean the post that says she tripped due to water on the floor that was slippery?

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Please ignore all the naysayers who do not really know what they are talking about.

 

The supermarket has a legal obligation under the Occupiers Liability Act to keep you and their premises reasonably safe.

 

If they had no system of inspection of the area where you fell, or they knew about the leaky roof and did nothing, then they would be negligent and liable for your injuries and financial losses.

 

Please seek qualified legal advice from a law firm and don't let the negative perception of 'no win no fee' solicitors perpetuated by the tabloids put you off enforcing your legal rights and obtaining justice.

 

 

A++++

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I would request the cctv footage as a matter of urgency before it's deleted.

You can do this with a sar and enclosing a £10 cheque.

Then you can write to the store manager and possibly escalate all the way to head office.

If you don't get a positive outcome then you could see a no win no fee solicitor and take their advice.

But atm the pool of water is only witnessed by you.

Did the store manager record the pool in the irf?

Did he give you a copy or a ref number?

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Please ignore all the naysayers who do not really know what they are talking about.

 

The supermarket has a legal obligation under the Occupiers Liability Act to keep you and their premises reasonably safe.

 

If they had no system of inspection of the area where you fell, or they knew about the leaky roof and did nothing, then they would be negligent and liable for your injuries and financial losses.

 

Please seek qualified legal advice from a law firm and don't let the negative perception of 'no win no fee' solicitors perpetuated by the tabloids put you off enforcing your legal rights and obtaining justice.

 

I agree.

 

The Occupiers Liability Act 1957 applies (since you were a visitor rather than a trespasser), rather than the later 1984 Act.

 

"An Act to amend the law of England and Wales as to the liability of occupiers and others for injury or damage resulting to persons or goods lawfully on any land or other property from dangers due to the state of the property or to things done or omitted to be done there,"

 

So, was the injury due to "the state of the property" or to "things done or omitted to be done there"?

 

If the Occupier should have reduced the risk of the OP slipping due to water, or should have warned of the risk and didn't : they may be liable.

 

I'm not a fan of the "sue 'em all" highly litiginous culture where people sue on spurious grounds : but if the supermarket didn't safeguard its visitors : why else is the OLA 1957 on the statute books?

 

As for "Act of God" : rainfall is an act of God. Failure to deal with the effects of rainfall or of the leak that caused a puddle : act (or inaction!) of man.

 

For the nay-Sayers : what if it was you that had fallen and suffered injury?

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