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Claiming For A Car Accident Where No One Else Was Involved

Dear Brian

I was involved in a serious road traffic accident in December 2011. As a result, I recently developed fibromyalgia. The problem is that there was no other vehicle involved in the accident, yet it was not my fault!

The circumstances of the accident are a bit hazy as I was knocked unconscious. I remember driving around a tight bend with a speed limit of 40mph. However, I was driving no more than 35mph as the bend is quite sharp. Even 35mph may have been too quick.

From what I remember I was about half way around the bend when I began to lose control of my car and before I knew what happened, my car flipped over and landed in a ditch on the other side of the road. The next thing I remember is waking up in the hospital.

I was not speeding and the police could find nothing wrong with my car. I have also been told that the bend is an accident hotspot as there have been a number of serious accidents in the last few years.

Is there any way for me to make a claim? My life has been turned upside down since the development of my fibromyalgia.

Dear Paul

I am very sorry to hear about your road accident and that you subsequently developed fibromyalgia.

You may be able to bring a claim against the local authority responsible for the road where your accident occurred. You say that even though the speed limit was 40mph, you felt that this was too dangerous a speed at which to travel. You have also said that there have been a number of serious accidents at this bend over the last few years. It may be that the local authority should have known that this bend was dangerous and therefore taken precautionary measures such as lowering the speed limit.

If you can show that the local authority should have reasonably known of the hazard, lowered the speed limit (or taken other road safety measures) before your accident and that this would have prevented your accident from occurring (or even made the accident less severe), you may be able to bring a claim.

Brian Barr

We do not endorse any research, studies or sources mentioned within our blogs and comments. Furthermore, we do not endorse any medical advice provided, and would strongly recommend anyone seeking medical advice to contact their local healthcare provider.


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One response to “Claiming For A Car Accident Where No One Else Was Involved

  1. Idiot. The word Limit gives it away. If the limit was 20mph would an articulated lorry manage the bend at 20?? Somehow I doubt it. Pure driver error appropriate speed for conditions, machinery and driver ability. Tell you what let’s all use public transport or even better never leave the house.

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