Areas of Law / Personal Injury

I put in a claim for compensation after I fell on an uneven pavement. The council’s insurers have rejected the claim after a surveyor’s report found “no actionable defects were located at the time”. We have been refused a copy of the report on the grounds that the Civil Procedure Rules apply. Surely I should be entitled to see it?

You are probably entitled to see the report under what is known as the Personal Injury Protocol. However you should have taken a photograph of the offending pavement and had your own report drawn up. Councils tend to repair dangerous pavements once an accident has been reported (to prevent further accidents!) but of course it does mean that the workmen remove your evidence. Most councils have a policy of defending such cases vigorously and you usually need a solicitor’s help. 

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