[jaspy412]

Well this morning set off to work and skidded into the back of a transit van in the snow, hit it at around 2 mph with no damage to the van (as I hit the foot plate) mine requires new bonnet, new front bumper and drivers side light. The road I was on is an 'A' road dual carriage way which also is a primary bus route, the council had not gritted hence the skid. My insurance asked if it was a primary route as they say the council should have some responsibility, also my excess is £525 which is not what I need prior to Christmas. Anyone any experience of this or am I wasting my time pursuing the council?

[dxb335d]

i think you could get somewhere.

[Black Sapphire]

Originally Posted by jaspy412

Well this morning set off to work and skidded into the back of a transit van in the snow, hit it at around 2 mph with no damage to the van (as I hit the foot plate) mine requires new bonnet, new front bumper and drivers side light. The road I was on is an 'A' road dual carriage way which also is a primary bus route, the council had not gritted hence the skid. My insurance asked if it was a primary route as they say the council should have some responsibility, also my excess is £525 which is not what I need prior to Christmas. Anyone any experience of this or am I wasting my time pursuing the council?

Excess is £525!!

Good luck with the claim mate, I'd pursue the council all the way.

[madman]

try what you can with the council. You never know. Its what you pay your taxes for. If it should have been gritted but it wasnt, then thats why you skidded into the van.

What do you have to lose, its worth a try, speak to your solicitor and see what they say. You could do with getting proof that the road isnt gritted.

[xenon]

Originally Posted by madman

If it should have been gritted but it wasnt, then thats why you skidded into the van.

Sorry to sound like a patronising, holier-than-thou merchant (which I'm not, but I realise this will sound like it) but the reason he skidded into the van was because he was travelling too fast for the conditions. Sorry, but that's how it is.

If it was the council's fault then presumably everyone else would have crashed too. Did the transit crash into the person in front of him?

The council's lawyers will be well-versed in defending claims of this ilk, I'm afraid but perhaps you have nothing to loose.

And I'm not trying to be a smart-arse - I've done this myself before, it's just tough shit. Look on the bright side and be glad you didn't thump anything expensive.

[jaspy412]

Originally Posted by xenon

Sorry to sound like a patronising, holier-than-thou merchant (which I'm not, but I realise this will sound like it) but the reason he skidded into the van was because he was travelling too fast for the conditions. Sorry, but that's how it is.

If it was the council's fault then presumably everyone else would have crashed too. Did the transit crash into the person in front of him?

The council's lawyers will be well-versed in defending claims of this ilk, I'm afraid but perhaps you have nothing to loose.

And I'm not trying to be a smart-arse - I've done this myself before, it's just tough shit. Look on the bright side and be glad you didn't thump anything expensive.

@ least you didn't say what the wife said i.e why didn't you drive the x3 its a 4x4

also wouldnt say 3mph was considerably fast on a dual carriageway, and the van was stationary at some traffic lights

[NFS]

Sorry to be negative, but I think it's appalling that anyone would consider suing the council in this instance.

I'm sorry for what happened, which is easily done, but you were in charge of the car and totally responsible. The only person to blame is you .. end of story.

If you do decide to progress a claim I hope it fails. Any money you do get from the council will have come directly from other tax payers and it should be spent on public services not this sort of nonsense.

I guess gritting roads is an essential public service, but realistically they can't do it all day every day, unless you want council tax to increase 1000%. Sooner or later, there will be some snow, even on a 'primary route' whatever that is (see it often enough on the motorway) and if you go into the back of someone then bad luck, but you are to blame.

[DaveC]

Originally Posted by NFS

Sorry to be negative, but I think it's appalling that anyone would consider suing the council in this instance.

I'm sorry for what happened, which is easily done, but you were in charge of the car and totally responsible. The only person to blame is you .. end of story.

If you do decide to progress a claim I hope it fails. Any money you do get from the council will have come directly from other tax payers and it should be spent on public services not this sort of nonsense.

I guess gritting roads is an essential public service, but realistically they can't do it all day every day, unless you want council tax to increase 1000%. Sooner or later, there will be some snow, even on a 'primary route' whatever that is (see it often enough on the motorway) and if you go into the back of someone then bad luck, but you are to blame.

Fully agree, couldn't have said it better. I have sympathy with the OP because its damned easy to do but its still nothing to do with the council.

[CD]

Originally Posted by NFS

Sorry to be negative, but I think it's appalling that anyone would consider suing the council in this instance.

I'm sorry for what happened, which is easily done, but you were in charge of the car and totally responsible. The only person to blame is you .. end of story.

+ 1 sorry ...

you should drive to the conditions of the road at the time, wether the council has gritted or not you should access the conditions and adjust distance from the car infront and stopping distance accordingly.

sorry to hear about your expence

[Speedtrap]

Originally Posted by CD

+ 1 sorry ...

you should drive to the conditions of the road at the time, wether the council has gritted or not you should access the conditions and adjust distance from the car infront and stopping distance accordingly.

sorry to hear about your expence

+1 sorry to hear about the crash mate, but be a waste of time and effort to go after the council mate.

[NFS]

Originally Posted by DaveC

Fully agree, couldn't have said it better. I have sympathy with the OP because its damned easy to do but its still nothing to do with the council.

I do agree. Reading back my post I may have sounded a bit harsh.

I've every sympathy for Jaspy412. Horrible to damage your car like this and very easy to do in the snow.

I just think this is one of those things were no-one else is to blame.

[jaspy412]

Originally Posted by NFS

I do agree. Reading back my post I may have sounded a bit harsh.

I've every sympathy for Jaspy412. Horrible to damage your car like this and very easy to do in the snow.

I just think this is one of those things were no-one else is to blame.

Thanks for that, was earlier about to be barred for my reply, but thanks for that
To me I work as a fire safety consultant, if i do my job wrong and somebody dies, therefore I am accountable in a court of law. The council is responsible for the safety of the roads and due to research have found that they have sub-contracted this work out, I do not drive like a dick as i have a wife and 2 infants to support hence no penalty points since passing test in 1988 (when I passed)
If I pissed some local / central government officer off then fk u, we all pay council tax and if the service we pay for isn't provided due to cut backs through the use of sub contractors then £$%%^&*+

[willhollin]

[NFS]

Originally Posted by jaspy412

The council is responsible for the safety of the roads

The local councils are responsible for maintenance of some our roads and the highways agency look after the rest. There is a difference between maintenance and safety.

The council has an absolute duty to maintain the roads, but they do not have to be 'perfect' there is also case law which confirms that 'maintenance' does not extend to the prevention of the formation of ice on the highway.

See here:

http://www.parliament.the-stationery...5/goodes-1.htm

And here:

http://news.bbc.co.uk/1/hi/england/b...ts/3412911.stm

[roofer]

Originally Posted by xenon

you have nothing to loose.

[jaspy412]

we will see

[xenon]

Originally Posted by jaspy412

Thanks for that, was earlier about to be barred for my reply, but thanks for that
To me I work as a fire safety consultant, if i do my job wrong and somebody dies, therefore I am accountable in a court of law. The council is responsible for the safety of the roads and due to research have found that they have sub-contracted this work out, I do not drive like a dick as i have a wife and 2 infants to support hence no penalty points since passing test in 1988 (when I passed)
If I pissed some local / central government officer off then fk u, we all pay council tax and if the service we pay for isn't provided due to cut backs through the use of sub contractors then £$%%^&*+

Comparing that with your job is hardly the same thing. By your reckoning, it is the council's responsibility to grit every square inch of road for which they are responsible which simply isn't practical. You may not be "driving like a dick" but if you were unable to stop before the vehicle in front of you, which stopped at red lights which presumably you could see too (unless you were right up his arse....) then I'm afraid the blame lies with you alone and, like nfs, I fail to see why the rest of the tax payers should contribute to your mistake.