Accident claims costing councils millions
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.
Updated on 15/05/2008