Farmer claiming for damaged fence
Discussion
Option 1: Hi Mr Farmer. I’m really sorry for what happened. We’re farmers too and I’d like to make good what has happened to your fence. If you are happy to trust me and leave it to us we will make sure your fence is repaired to the required standard and you won’t have to do anything.
Option 2: Here are my insurance details. Good luck in dealing with the insurance company.
Option 2: Here are my insurance details. Good luck in dealing with the insurance company.
TwigtheWonderkid said:
The farmer can insist his fence is repaired to a decent standard but he can't demand driver's insurance pays for it. The insurance is there to pick up the bills for damage caused by their policyholder/driver, but only if their policyholder/driver asks them to. The policyholder/driver is quite entitled to pay for the damage himself.
If the farmer approaches the insurance company, they will settle the claim with him (if it's valid and proven). They won't ask the policyholder's permission first, they have a liability to the farmer.jan8p said:
TwigtheWonderkid said:
The farmer can insist his fence is repaired to a decent standard but he can't demand driver's insurance pays for it. The insurance is there to pick up the bills for damage caused by their policyholder/driver, but only if their policyholder/driver asks them to. The policyholder/driver is quite entitled to pay for the damage himself.
If the farmer approaches the insurance company, they will settle the claim with him (if it's valid and proven). They won't ask the policyholder's permission first, they have a liability to the farmer.Upinflames said:
This is about damage limitation now and the kid's car insurance will go through the roof if he claims. The kid has offered (they're farmers too) to repair the fence but the old boy is adamant he wants to claim.
Clarification: Did they offer to:- Cover the cost to the farmer of the repair themselves?
- Pay someone to come round and repair it?
- Literally do the repair themselves?
- Something else?
Next question, are they intending to put in a claim for the car or not?
Upinflames said:
I don't need any moral advice or thoughts on parenting skills.
A friends son has lost control of his car smashing through a fence and ending up in a field upside down.
He's 18. I know.
Can the farmer insist on claiming for the fence? This is about damage limitation now and the kid's car insurance will go through the roof if he claims. The kid has offered (they're farmers too) to repair the fence but the old boy is adamant he wants to claim.
You can advise the farmer, that if they want to claim they'll need to take you through the small claims court, as essentially that's the only way the farmer can force him to pay unless the farmer contacts his insurance instead.A friends son has lost control of his car smashing through a fence and ending up in a field upside down.
He's 18. I know.
Can the farmer insist on claiming for the fence? This is about damage limitation now and the kid's car insurance will go through the roof if he claims. The kid has offered (they're farmers too) to repair the fence but the old boy is adamant he wants to claim.
TwigtheWonderkid said:
The farmer can insist his fence is repaired to a decent standard but he can't demand driver's insurance pays for it. The insurance is there to pick up the bills for damage caused by their policyholder/driver, but only if their policyholder/driver asks them to. The policyholder/driver is quite entitled to pay for the damage himself.
I have never known a policy holder to be able to force or prevent their insurer paying out a claim.The OP friend's son who had the crash is trying to avoid a claim but has no way of preventing one other that offering to repair the damage and hoping the farmer plays along.
For whatever reason the farmer isn't interested so it is down to the insurance to sort out whether through the farmers own insurer and car drivers insurance or directly to the car drivers insurance.
said:
TwigtheWonderkid said:
The farmer can insist his fence is repaired to a decent standard but he can't demand driver's insurance pays for it. The insurance is there to pick up the bills for damage caused by their policyholder/driver, but only if their policyholder/driver asks them to. The policyholder/driver is quite entitled to pay for the damage himself.
Of course he canUse the MIDB and make a claim for loss. Just needs the reg of the car
Might be harder to prove but he has the right to claim no matter what the insured desires.
That's what insurance is there for. It's risk management, you start hiding that risk he'll carry on. Again. Like points on a licence it's partly meant to make you think more carefully not bank of daddy bailout.
Parenting skills and moral advice? You laid out your table there didn't you.
Parenting skills and moral advice? You laid out your table there didn't you.
If he's got to claim for his own car being written off then the cost of the fence will be irrelevant (unless he's knocked down a hundred meters of that 6ft tall security fencing, which is unlikely).
Farmer is probably looking at it as 'lovely, i'll get that section re done for nothing' though. i have no doubt.
Farmer is probably looking at it as 'lovely, i'll get that section re done for nothing' though. i have no doubt.
m3jappa said:
Farmer is probably looking at it as 'lovely, i'll get that section re done for nothing' though. i have no doubt.
I think the farmer is more accurately thinking “good, the piece of my property that was destroyed by someone else will be repaired and I shouldn’t suffer a financial loss”.How much do you think they will profit financially from this really?
m3jappa said:
If he's got to claim for his own car being written off then the cost of the fence will be irrelevant
I think most of us are interpreting this comment:Upinflames said:
This is about damage limitation now and the kid's car insurance will go through the roof if he claims.
and this comment:Upinflames said:
I don't need any moral advice or thoughts on parenting skills.
to mean that the OP's son has no intention of letting his insurer know that he has rolled his car into a field.Collectingbrass said:
He will though have to provide a VAT receipt for the work before his claim is paid, for those suspecting he will DIY and make a gain against the payout.
Is that so? I would have thought, that there are lots of one man business fence contractors not VAT registered.Gary C said:
TwigtheWonderkid said:
The farmer can insist his fence is repaired to a decent standard but he can't demand driver's insurance pays for it. The insurance is there to pick up the bills for damage caused by their policyholder/driver, but only if their policyholder/driver asks them to. The policyholder/driver is quite entitled to pay for the damage himself.
Of course he canUse the MIDB and make a claim for loss. Just needs the reg of the car
Might be harder to prove but he has the right to claim no matter what the insured desires.
Car insurance covers damage to property as well as other cars, why do people think the farmer can't claim?
Just goes through the lads insurance like any other damage caused by the driver that policy covers, the only exception would be if the lad was drunk or similar and invalidated their cover, in which case farmer (or their property insurer, if they have one) can go after the driver personally as they're still liable for the damage.
I think you may be right twig as the action is strictly speaking against the driver, but in most cases they'd use their insurance to cover it. If driver wants to pay out of their own pocket rather than use insurance, then they can. However, insurance policy will still mandate they inform of any accidents and the output cost, so won't save anything on the policy increase unless they cover it up, which then has other risks.
Just goes through the lads insurance like any other damage caused by the driver that policy covers, the only exception would be if the lad was drunk or similar and invalidated their cover, in which case farmer (or their property insurer, if they have one) can go after the driver personally as they're still liable for the damage.
I think you may be right twig as the action is strictly speaking against the driver, but in most cases they'd use their insurance to cover it. If driver wants to pay out of their own pocket rather than use insurance, then they can. However, insurance policy will still mandate they inform of any accidents and the output cost, so won't save anything on the policy increase unless they cover it up, which then has other risks.
Edited by wombleh on Thursday 11th April 08:31
wombleh said:
Car insurance covers damage to property as well as other cars, why do people think the farmer can't claim?
Just goes through the lads insurance like any other damage caused by the driver that policy covers, the only exception would be if the lad was drunk or similar and invalidated their cover, in which case farmer (or their property insurer, if they have one) can go after the driver personally as they're still liable for the damage.
I think you may be right twig as the action is strictly speaking against the driver, but in most cases they'd use their insurance to cover it. If driver wants to pay out of their own pocket rather than use insurance, then they can. However, insurance policy will still mandate they inform of any accidents and the output cost, so won't save anything on the policy increase unless they cover it up, which then has other risks.
Even in that case the insurer has to pay out for 3rd party damage - that's the whole point of insurance, after all.Just goes through the lads insurance like any other damage caused by the driver that policy covers, the only exception would be if the lad was drunk or similar and invalidated their cover, in which case farmer (or their property insurer, if they have one) can go after the driver personally as they're still liable for the damage.
I think you may be right twig as the action is strictly speaking against the driver, but in most cases they'd use their insurance to cover it. If driver wants to pay out of their own pocket rather than use insurance, then they can. However, insurance policy will still mandate they inform of any accidents and the output cost, so won't save anything on the policy increase unless they cover it up, which then has other risks.
Edited by wombleh on Thursday 11th April 08:31
But if the cover is invalidated they can seek to claim back the cost against the policyholder per the terms of their contract.
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