Snow & Whiplash Claims
Counting the cost of Britain's snow and blizzards
The recent bad weather may have presented the opportunity for Britain to take a 'Snow Day', but what was the real cost of the worst winter storm in nearly 20 years?
The Federation of Small Businesses said the cost to Britain's economy through lost productivity could be as high as £3billion, although more conservative estimates put the figure at £1billion. The Association of British Insurers said that car accidents on Britain's icy highways surged on the first day of the snow, with claims for damage running 30% higher than usual. But insurers and claims specialists really had to brace themselves for the blizzard of slip, trip and fall claims that resulted from the extreme conditions. They are also preparing for whiplash claims from the number of rear impact collisions caused by vehicles skidding on icy roads.
"There are probably hundreds, if not thousands of people out there who have been directly affected by an accident during the recent bad weather and have grounds for claiming but perhaps don't realize it," says Nicholas Jervis, Managing Director of claims specialists 1stClaims. "Although everyone understands that the councils faced extreme difficulties during the blizzards, they still have a duty of care to ensure that paths, pavements and roads are safe for the public to use, and if they failed in that duty of care, they can be brought to account," he adds.
The relentless icy conditions that gripped the UK for over a week resulted in councils running out of essential salt for gritting, forcing them to 'prioritize' major routes and roads. However, the amount of salt put down did not prevent thousands of motorists having a series of accidents as roads left untreated for only a few hours iced over. People still had to get to work or go about their daily routine, and the treacherous conditions made driving and even walking extremely hazardous.
"There is plenty of time for people who may have been injured to consider making a compensation claim for whiplash or other injuries," explains Nicholas. "But as we are expecting so many people to seek compensation for accidents caused during the bad weather, it is advisable that anyone thinking of seeking compensation for an injury sustained talks to their specialist solicitor as soon as possible," he advises.
Strict time limits apply for making a personal injury claim. Known as the 'Limitation Period', the standard period for starting proceedings to claim accident compensation is three years. If a claim has not been started within that three year period, it becomes time barred, or statute barred, preventing an injured person from beginning court proceedings and claiming compensation.
Although the three year period normally starts from the date of the accident, or the date when the injuries are known to be the result of the accident, there are exceptions to this and the it may sometimes start some time after the actual accident. If the injured party is under 18, the three year rule doesn't apply and claimants' guardians have until three years from the child's 18th birthday to submit a claim.
"I know that many people may be reluctant to pursue a claim because they think that the recent bad weather constitutes mitigating circumstances," says Nicholas. "But if there is a genuine grievance, if it can be shown that the accident was the direct result of negligence or was clearly the fault of a third party, then I believe that they have a right to the compensation they deserve," he adds.
Nicholas also believes that by drawing attention to failure on the part of councils and those responsible for maintaining a safe environment for the public, the avalanche of claims that have resulted from the bad weather can be avoided next time the UK is gripped by a winter blizzard. "By pointing out where councils failed, better contingency plans can be drawn up for the next time we encounter these conditions and perhaps prevent more people being hurt," he concludes.
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