Successful Road Accident Claim for Incident on Private Road

14th July 2006

Our lawyers recently acted in a road accident claim, where they successfully proved that the incident occurred on what could be considered a “road” and not on private property as suggested by the defendant’s insurers.

Road Accident

A member of the public suffered a personal injury in a road accident, when a camper van slipped down from a ramp in a workshop and out onto a private road.

When the injured party began the process to claim compensation, the insurers acting on behalf of the defendant, a camper van repair business, claimed that the accident did not occur on a “road”. This argument was based on the fact that the road leading into the industrial estate was private.

What is Considered a Road?

The court used certain rules to decide whether the location of the accident could be considered a public road. It was decided that if members of the public could access it without obstructions, such as barriers / notices that they were not permitted, and without prior appointment, the road would be considered public.

This was found to be the case, as anyone could visit the industrial estate. It was therefore deemed to be a road for the purposes of the Road Traffic Act 1988.

Injury Compensation

The camper van repair business were found to be liable for the accident and the claimant was awarded a sum of injury compensation.

Specialist Road Accident Lawyers

At The Legal Line our lawyers are specialists in road accident claims, so can provide you with advice and assistance on recovering personal injury compensation on a cost free basis. See our success stories section for details of some previous cases.

If you or a member of your family have been involved in a road accident, contact us on 0800 0328511 or by completing a claim enquiry form.

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