1. I crashed my car after sliding off a main road because it hadn't been gritted. Can I sue the council?
You may be able to sue the local council, or Highways Agency, but it will be a long-winded affair, with only a small chance of success.
The AA's director of roads policy, Paul Watters, says that since 2003 local authorities and the Highways Agency have had a legal requirement to take all "reasonably practicable" steps to keep major roads in England and Wales free of snow and ice. Scotland already had this requirement in place.
"Each county council publishes its roads service plan, which is supposed to detail which roads it will endeavour to keep open. It has become a bit of postcode lottery – in some areas it might be 40% of roads, in others it will be significantly less. If you come off one of those roads it has agreed to try to keep open, and it has not been treated because the system broke down, in theory at least you have a case."
He says road users should be able to find out on their county council's website which roads are considered a priority for pre- and post-snow gritting.
He warns, though, that the onus is still on the motorist to drive in a manner that suits the conditions, and courts will take this into account.
Richard Biggs of Manchester-based Ralli Solicitors says the authorities' liability in this area is yet to be really tested. He is acting for a 47-year-old Cornish man badly injured in a crash after sheet ice caused dozens of accidents on the A30 near Okehampton in Devon in January last year. The Highways Agency has denied that it failed in its duty of care that day, despite the fact there were about 40 crashes on the same stretch of road. The case is likely to go to court this year and, if successful, could open the door to similar claims in the future.
2. I fell over and broke my arm on an untreated pavement. What action can I take?
It's a similar story to the roads. The local council has an obligation to take all reasonably practical steps to make sure the paths are safe to use. It will depend on what a court decides is reasonable.
John McQuater, president of the Association of Personal Injury Lawyers, says: "Generally, local authorities have systems in place to deal with pavements, and would be able to show they had acted reasonably. In the event snow had been left for five days and someone slipped over, you might well have a case. Most people would argue it was reasonable for a council to clear pavements five days after the snow had fallen, and if they hadn't, you would have a valid claim."
3. I damaged my car and tyre after hitting a pothole in the dark. Can I reclaim the cost?
The brief answer is yes – if the council knew of the pothole's existence and had not sorted it out. Most councils consider a dangerous pothole to be one that is at least four inches deep, although some have a lower threshold. If you can show the council was aware of a dangerous pothole, and yet several weeks later you drove into it and damaged your car, you have a claim.
The AA's Watters says councils will pay for damage to suspension and tyres, although they are toughening up the claims procedure.
Bicycle owners have the same rights. Cycling organisation CTC has an excellent website, fillthathole.org.uk, which lists potholes around the country, and, crucially, when they were reported to the local authority. If the one that caused the damage to your bike or car is on the site, and nothing was done, then slap in your claim and pursue it through the small claims court if required.
4. I've cleared the snow from our driveway. Am I opening myself up to a claim if someone slips?
This is an urban myth. If you do the reasonable thing and clear your drive, you are not opening yourself up to a possible claim, except in very exceptional circumstances.
"This is a common misconception," McQuater says. "By clearing the snow from your paths, you do not invite any extra liability that wouldn't have existed had you done nothing and left the snow on the ground. The only circumstance in which you might invite a claim was if you acted completely unreasonably, and somehow created a new latent hazard that had not existed before your actions."
For example, if you poured huge quantities of water on to your drive which then froze to create a dangerous hazard, that in theory might open you up to a claim, he suggests.
5. I got stuck in the snow on the way to the airport. Will my insurance pay for my missed flight?
This one depends on how you were travelling. If you were using public transport and it couldn't get through the snow, you will be able to claim "missed departure" from your travel insurer, assuming you have a policy offering such cover. But travel policies specify maximum payouts, not the cost of the flights. Aviva will pay £1,000 per person for a valid missed departure claim while Axa pays £500.
However, if you are stuck in your own car, you may find your claim turned down. Insurers will rarely pay for missed departure if you are driving in your own car. Some will pay up if your car broke down on the way to the airport, but not if you simply get caught in snow or traffic.
6. I've arrived at the airport but there are lengthy delays on flights. Can I get compensation?
Airlines cancelling flights have to offer you a full refund, although they do not have to pay any consequential losses such as hotel bookings. You are not entitled to EU air compensation payments, as the airport closing would be deemed beyond the airline's control.
If the flight is delayed, it is more complicated. You are entitled to snacks and drinks under the EU rules – after two hours on short flights. If the delay is more than five hours, you can choose not to travel, and demand a refund both for that flight for any subsequent flights on the same ticket. Travel insurers don't get involved if the flight is immediately cancelled; many policies offer help for long delays.
7. My car was stolen as I waited indoors for the engine to de-ice the car. Will my insurer pay out?
The Association of British Insurers is the latest body to issue a warning after Lancashire police reported that 27 cars were stolen off drives in two hours.
The ABI says: "Leaving your vehicle unattended with the engine running could be seen as not taking reasonable care and might invalidate any insurance claim that you made if the car was stolen." Adrian Webb of the insurer Esure adds: "It is highly unlikely any insurer will pay out if you leave the car unlocked with the engine running and go inside the house to wait while it warms up. If it's taken, you can hardly argue you acted reasonably."
8. Will my insurer pay if my pipes burst in the cold weather and I didn't leave the heating on?
Increased insulation in homes has meant less heat escaping into lofts, and consequently a big jump in the numbers of loft-based water tanks or pipes freezing, cracking and causing a flood. If this happens to you, it could wreck your home.
Insurers do not stipulate that you must leave your heating on when you go away, and therefore won't turn down such claims. However, this is one claim you don't want to make. If you are going away in winter, leave your heating on for a few hours a day and set the thermostat at 10C (50F) or above. It is also worth opening your loft hatch to let warmer air into the area in which water tanks are contained.
9. If I can't make the journey into work because I am snowed it, will I still be paid?
If you don't turn up for work, you can be docked a day's pay – and whether you will or not largely depends on your boss's generosity. Several retailers said this week that staff who didn't make it in would be asked to take it as holiday. Sainsbury's said it would let staff make up the lost day in overtime later in the month, which is a policy adopted by many other firms. If snow disruption becomes more common, expect to see more workers having their pay docked in the future.
10. Is anyone benefiting from the cold spell?
Supermarkets are coining it, with shelves cleared of cooking and dishwasher salt, as people try to keep paths clear. Stores selling outdoor wear, including wellies, hats and gloves, have reported brisk business. Halfords has sold out of sledges at shops across the UK, and sledges.co.uk, based in Glenmore, Aviemore, was so busy it was impossible to get through on the phone. A message on its website implored shoppers to buy online.
The nearby Scottish ski slopes have been reporting the best snow for years. The only problem facing the thousands wanting to take advantage was how to get there. The notorious A9 in the Highlands has been impassable for much of the week.
