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Injury Claim Against Local Council Through Zurich - Scotland


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My mum is making an insurance claim through Zurich for an injury to her knee she sustained last year in a local cemetery.

 

She lost her footing on a pot hole and came down and cut her knee and ended up in hospital.

 

She is currently awaiting results from an X-ray to her knees and has experienced difficult walking, numbness and pain ever since.

 

She just received a letter from them (attached) so I thought I would come on here and ask for some advice, if anyone has any?

 

We are going to send photos later and try to answer all the questions they are asking. It sounds like standard insurance company stuff, trying to get out of paying. The council is clearly at fault here and should have maintained the pathways since it's a public space and frequented by old people who aren't as steady on their feet.

 

The claim is being made in Scotland.

mum claim pdf.pdf

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No problem in sending them the information they are asking for. I hope you took pictures of the pothole et cetera in the cemetery.

It will be interesting to go back there now and see if it has been repaired. If there has been repaired then that would suggest that the council has since realised that the work needed to be done.

I would send an SAR to the council. I would also send an FOIA request to the council asking them for all copies of any discussions, correspondence, assessments, reports, notes, memoranda relating to the conditions or works at the cemetery from – say, six months prior to the incident until now.

See what that turns up.

Also you need to make sure that you have got all copies of medical reports and go and see the GP for up-to-date assessments. Make full notes of all difficulties being suffered, pain, inconvenience – everything the lot.

Also, get a report from someone authoritative which makes it clear that she is unable to do ballet or to take part in the next Olympics.

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There is no reason for it to take years if you want to push it forward.

Ultimately when you have got all your information together, if it all looks good then you could consider simply suing the council. That will put pressure on everybody to get a move on.

It might almost be better getting all the information from the council before you respond to the request from the insurance company. You will be in a more powerful position if you are fully informed. Good preparation as was the key to these things.

A particular difficulty will be understanding what her injuries are worth.

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OK so first thing is to get the SARS request into the council and then wait for the results to come from the hospital. Is there a standard letter format for that, or do I just write and ask them? Probably a page on their website for doing this I expect.

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click sar

 

dx

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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7 hours ago, BankFodder said:

I would send an SAR to the council. I would also send an FOIA request to the council asking them for all copies of any discussions, correspondence, assessments, reports, notes, memoranda relating to the conditions or works at the cemetery from – say, six months prior to the incident until now.

 

What should I send the SAR for? 

 

And as for the FOIA request do I just sent a letter. Is there a standard form I can use for that?

 

 

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Use our subject access request template.

 

For the FOIA request write a letter and refer to the areas which I have indicated above

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Writing a letter now. I'm not sure what the purpose of the SAR is, but I trust your advice anyway. Do I just copy and paste the SAR letter as it is (obviously changed the addresses etc.)?

 

Does this sound OK?

Freedom Of Information Request
 

In relation to my insurance claim for injury sustained while visiting the cemetery grounds at XXXXX on XX-XX-XX (ref. No. XXXXXXXX) I hereby write to you to request the following information, as per my legal entitlement within the Freedom Of Information Act 2000: 

Please provide me with all copies of any discussions, correspondence, assessments, reports, notes or memoranda relating to the conditions of, or works planned or undertaken within the cemetery grounds at XXXXX from the XX-XX-XX until the present date.

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I'm just composing the SAR letter - more or less word for word. It seems really strongly worded and confrontational? What is the purpose of this - to send a signal to the council that we're serious and know a bit about the law so they cave in and pay out? 

 

Also, what period should I ask for all this for - the past year since my mum sustained the injury?

 

9 hours ago, whiteadder said:

I'm just composing the SAR letter - more or less word for word. It seems really strongly worded and confrontational? What is the purpose of this - to send a signal to the council that we're serious and know a bit about the law so they cave in and pay out? 

 

Also, what period should I ask for all this for - the past year since my mum sustained the injury?

OK I edited the letter to cover the period of injury and referenced to the compensation claim. Also deleted the last two paragraphs, unless anyone thinks there is a specific reason why I should include legal threats at the end? I think the letter is strongly worded enough as it is.

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Its a legal right with serious legal repercussions if they fail to comply

lEAve those as is imho

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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9 hours ago, whiteadder said:

OK I edited the letter to cover the period of injury and referenced to the compensation claim. Also deleted the last two paragraphs, unless anyone thinks there is a specific reason why I should include legal threats at the end? I think the letter is strongly worded enough as it is.

 

You should not reference any specific incident because you should not put the target of your SAR on enquiry and also you should do nothing to limit the scope of your disclosure request.

In terms of the tone of it, if it is not to your taste then miss that part out but the most important thing is to send them a statutory request expressed as broadly as possible without giving any particular clues as to what it's about

9 hours ago, whiteadder said:

Does this sound OK?

Freedom Of Information Request
 

In relation to my insurance claim for injury sustained while visiting the cemetery grounds at XXXXX on XX-XX-XX (ref. No. XXXXXXXX) I hereby write to you to request the following information, as per my legal entitlement within the Freedom Of Information Act 2000: 

Please provide me with all copies of any discussions, correspondence, assessments, reports, notes or memoranda relating to the conditions of, or works planned or undertaken within the cemetery grounds at XXXXX from the XX-XX-XX until the present date.

No. For the reasons given above

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So I should just draft up the SAR more or less as it is, and request personal data for the past 75 years then?

 

I'm not entirely sure why I should do this, and it seems a bit confrontational. Can anyone explain to me what the purpose of this is?

 

I get the reason behind the FOIA request, but not sure what the SAR is for..

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an sar is a legal request to supply all YOUR data a company holds

you don't need to specify any 'details'.

 

just send it as is.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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A Subject Access Request (SAR) is very simple all you need to do is use this simple phrase 'ALL DATA' that covers whatever format they hold your Data in whether it be telephone recordings, emails, writing etc.

 

They then have 30 Calendar Days to comply and that time limit only starts once they have acknowledged receipt of your SAR Request and do not play at asking you to prove your ID which can increase said time limit.

 

Have you actually asked them to provide you with a copy of there Public Liability Insurance? (if not ask them to provide a copy)

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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No we haven't asked them for Public Liability Insurance, and both letters for SAR and FOI are written up and ready to send today. I suppose this could be done by email.

 

So I told her to send the letters by recorded delivery, and she sent them normal post. So now there will be no record and the council can just turn round and say they didn't receive them.

 

Should I send email copies too now then?

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  • 1 month later...

So my Mum has received a reply about the FOI regarding work carried out in the cemetery and it's just a spreadsheet of details about all the gravestones. Absolutely nothing about the state of the paths.

 

As for the SAR request she received a letter on the 2nd August asking her to provide a form of identification "in order to make (her) request valid" and she ignored it, which doesn't help I suppose! She didn't read the full letter.. 

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no sar reply?

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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urm.. that was an old msg... did she send ctax copy  asadvised in the sar link posts?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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31 minutes ago, dx100uk said:

urm.. that was an old msg... did she send ctax copy  asadvised in the sar link posts?

 

No she didn't, but that's probably my fault. I'll get her to send a copy this week.

 

I still don't understand why a SAR. What about the FOI?

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  • dx100uk changed the title to Injury Claim Against Local Council Through Zurich - Scotland

Can someone please just explain to me why I'm getting my mum to request an SAR? What relevance does this have to her insurance claim?

 

I'm following your advice but I don't know why.

Edited by whiteadder
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its free and it can't hurt

you never know what information it might throw up.

remember this is data concerning her, it might well be this has already been discussed by them in some form.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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