Question:
Road surface was unsafe causing car to slide and crash - as if on ice! Council were asked to clean it 7 days earlier due to another incident but failed to do so.
Answers:
Are auto insurance deductibles tax deductible?
The first thing to do is to find out from the council if the road is maintainable at public expense, ie is it an adopted highway, if it is you can make a claim against them however they do have a defense to such claims that can be quite difficult to overcome providing they can show they have taken reasonable care. To claim you have to show that the defect was dangerous which is not always as easy as it sounds as the nature and location of the defect is taken in to account when doing this for example a small pothole in a minor country lane may not be considered dangerous but the same pothole in the centre of town could be, established case law does state that the highway should not be compared to a bowling green, this principal will be applied when it comes to the cleanliness of a highway. If you can win this part of the battle the council will then fall back on its statutory defence that it took reasonable care, they normally do this by demonstrating that they have undertaken regular inspections of the highway and the defect was not there when they last inspected it and therefore did not know about the defect, if you can prove they knew 7 days in advance as you say you may be able to call this part of their defence in to question however again it may be that the defect did not in all raesonableness warrant an reaction within those 7 days. Another factor to consider is if you use the road on a regular basis and possibly knew the problem was there or there were often such defects then a judge may consider that you should have taken care. If you wish to claim I would suggest you try a lawyer on a no win no fee basis if they wont take it forward you will have a good indication that you stand little chance of success.On a vehicle registration document what does a validation code Q mean?
A further point for you to note is that your County Council is normally the highway authority but under the environmental protection act your local borough/district/city council are responsible for cleaning the highway so you may get caught up in a battle between them or sue both. Occasionally your borough/district/city council look after the highways on behalf of the county council. On the off chance it was a trunk road you were on the Department of Transport through the Highways Agency are responsible for its maintenance.
Dealership is holding my truck hostage! They didnt charge enough. there was no addition problems!!!?
If you can prove that fact - you have a good case against the council/highways dept concerned - however, they will fight you all the way and deny all knowledge - you will need to provide written evidence (in statement form - day, date, time etc etc and who reported it) to confirm that the council were informed of the spill.Why does the BMV request that you have insurance, yet they don't verify that you really have it?
It's not easy and they will use every trick in the book to put you off and delay your claim - ensure that all correspondence is required to be responded to WITHIN 7 DAYS!
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You may have to enlist a solicitor
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