Gransnet forums

Legal, pensions and money

Compensation

(16 Posts)
annodomini Wed 07-May-14 14:31:11

Conversely, when I reported a rather deep pothole, it was filled within 24 hours, but so badly filled, that it very soon became a pothole again!

sunseeker Wed 07-May-14 13:29:26

My local council have a facility on their website where you can report pot holes etc. One road I use regularly was so bad it was like driving along a slalom course as you weaved around all the pot holes. I reported it, thinking nothing would be done - about a month later signs went up that the road would be closed for work to be carried out and the WHOLE section of road was resurfaced!

Their website does say that a pot hole has to be a certain depth and width before they will do anything about it, so perhaps it is the same when claiming compensation.

GadaboutGran Wed 07-May-14 12:12:13

My Mum (89) had a nasty fall on a broken kerb in Sherborne needing a night in hospital. She didn't want to be seen as a scrounger but claimed the cost of her broken specs. Unfortunately my sister insisted she should deal with it & didn't take the action I would have done from lots of experience with clients. Mum also thought everyone from the Council was 'lovely' & was quite shocked when her claim for a mere £150 was refused. They advised her to see a solicitor or one form CBA. After chatting it through she decided it wasn't worth the effort, which is what they always hope will happen.
So my advice is if you can stand the strain of long drawn out processes & people denying everything or you feel that justice is worth pursuing whatever, then go to a no win no fee solicitor as Councils respond to them differently. Most I've known end up with double the amount that the victim does. If you do it. I'll bet you'll never complain about people benefitting too easily from 'compensation culture' again - it needs grit.
You always hope Councils will repair the damaged road/pavement whatever, but guess what! Nothing has changed in the back streets of Sherborne.

KatyK Tue 06-May-14 19:24:28

My DH also got compo for damage to his hearing whilst working in a noisy environment. A firm of solicitors contacted us, we went through the procedure and got a decent-ish sum. I have no idea how much they took for themselves but we were happy with what we got so it didn't matter. It took about 18 months in our case.

ninathenana Tue 06-May-14 11:50:55

DH successfully claimed compo when he skidded on a patch of diesel whilst riding his motor bike. His claim was handled by a no win firm organized by his TU.
As Mishap says, fees were part if the claim. Be warned though, it took 5yrs for an out of court settlement.

Mishap Mon 05-May-14 20:31:01

Often the fee is included in the compensation calculation - e.g. loss of earnings, pain and distress, legal fees.

Agus Mon 05-May-14 20:06:00

Very good point Charley. Find out what percentage their fee would be.

mrsmopp Mon 05-May-14 20:05:18

Some of the no win no fee firms take half if they win.

Charleygirl Mon 05-May-14 18:51:46

That is a very good idea, no win no fee, provided that the fee when winning, is not astronomical.

mrsmopp Mon 05-May-14 18:49:35

Yes a couple of years ago they would settle all these claims but have brought in new restrictions to save money. Sod the poor ratepayers!

J52 Mon 05-May-14 18:34:42

Sometime ago I was injured through the carelessness of others. My solicitor could not sue for compensation because despite CCTV evidence to support my claim, there was a warning sign telling me ( and others) that care should be taken! As if I wasn't taking care! Never mind. X

Iam64 Mon 05-May-14 18:03:18

mrsmopp - I know they're a hated breed, but it sounds like a case for a PI lawyer, on a no fee no win basis. Sounds horrible for the person you know, how terrifying

Charleygirl Mon 05-May-14 17:47:37

phoenix I live in NW London and some of the roads around here are like dirt tracks. I also am thankful that I drive a car and not a bike.

mrsmopp I received some compensation around 17 + years ago because I fell flat on my face having tripped over an uneven pavement slab. It may have helped that 2 policemen in a car noticed the entire incident and kindly took me to the local A&E department where I had a couple of stitches inserted. The PCs did not act as witnesses, I sent a photo of the said slab and a short description of what happened, I was compensated and the slab was quickly replaced. Money was more freely available then and it was a "rich" council.

I agree with phoenix get in touch with the local councillor or MP. If no help, you could always say that Esther Rantzen may be interested.

rosequartz Mon 05-May-14 17:19:28

There have been some other cases in the news, they could probably could be found on google.

Anne58 Mon 05-May-14 17:02:02

No experience of trying to complain, (although I need a new tyre because of damn potholes!) but suggest the cyclist contacts one of their councillors or local MP.

Saw a great tax disc holder, it said "Yes, I have paid my road tax, no f*$k off and mend some potholes"!

Some of the minor roads/lanes here in North Devon are like you might expect to see in a third world country. I have often commented to Mr P that it's bad enough for cars, and how much more dangerous it must be for motor bike riders and cyclists.

mrsmopp Mon 05-May-14 16:47:54

A cyclist hit a pothole last December, came off bike and broke her jaw. There are witnesses. Photos of the pothole and medical evidence. Off sick from work, lost wages, suffered pain.
Local authority refuses compensation as pothole is less than 3 inches deep. Says there are new rules now.
Can't be right surely? Anyone any experience of this?
The state of some of the roads is a disgrace.