Councils are spending more money paying out for accident claims, than ever before. Trips and slips caused by uneven paving stones have cost one council more than £2.5 million pounds over the last four years. With the average claim equalling around £1800, this is more than a huge drain on local authority resources. Another city council paid out over five million pounds during an eight year period, and these figures are rising. The amount of compensation paid is the base cost to the council who also incur costs related to legal fees, and employee time.
Some council workers believe that this is a symptom of the compensation culture that has transferred over from America. When people see the kind of money they can be awarded they are more likely to claim. In addition there are fears that the unscrupulous individuals may try and submit fraudulent claims in order to make some cash. With the high number of legal companies offering ‘no-win no fee’ deals, people feel they can take a chance and see what they get.
If someone has an accident while walking on a public pathway they may be entitled to compensation, if it can be proven that the council was at fault. Claims can be made against the council if an accident is caused by tripping up on a paving stone which sticks up more than an inch above the rest of the path. Councils can also be held responsible if a pothole is more than an inch deep and results in accident. All councils can be valuable to these situations unless they keep a strict watch on the state of their public highways and pavements. Unfortunately not all councils have the budget to repair problems when they first arise, and may leave them which can result in further deterioration. Others may try quick fixes until the funds are available, which results in paying less in the short term but more overall.
Although many councils claim that it is not an automatic right to receive compensation if you have been the victim of an accident, but the number of claims keep on rising. Claims need to be settled based on legal liability and not simply paid to all those who complete the paperwork. By making a claim the victim is alleging that a failure of statutory duty or an act of negligence has occurred by the council. It is the responsibility of the victim to prove that the council was a fault in order to receive compensation. This is determined based on the balance of probabilities, meaning there has to be more than 51 percent likelihood that the council was to blame for the accident.
Once a claim has been submitted the council will conduct an investigation and report back their findings. If they find that they have been negligent they will offer a settlement, which will often take into account any loss of earnings. This may settle one part of the problem, but until public roads and walk ways are made safe they are still at risk.
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Frequently Asked Questions
What to claim with motorcycle accident
By: romel | 06-02-2008
what claims I can write from the bus insurace who is asking me to file a claim for it was their fault. I am disable now, my car was of total loss, and I have 175,000 hosp. bills. My wife has to quit her job to take care of me. We are in Guam. Aside from the pharmacy receipts, hosp. bills how can I compute for my pain management therapy, occupational therapy, and my future and wife and 1 son age 10. Please advise or sent me an email back.
my brother 22 yr old male doing government job ...
By: dr.satyam | 25-01-2008
my brother 22 yr old male doing government job (police constable)got injury in road traffic accedent & he has expired during treatment in hospital,now i would like to know how much compunsetion will be there for their families members like wife,mother,brothers.
Motorcycle accident compensation in case of death of the pillion rider
By: Jeevan | 22-11-2007
what is the procedure for claiming the Motorcycle accidents compensation in case of death of a pillion rider in India? And the accident is occured due to bike skidding. What are the legal expenses and how long will it take to get the compensation money? Who is the best lawyer around to fight the case and get everything done quickly?
What does "no win no fee" mean?
By: goldilox_y2k | 26-06-2007
What does "no win no fee" mean? If you win, can you be charged more than your compensation i.e. end up in negative figures?
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