Farmer claiming for damaged fence

Farmer claiming for damaged fence

Author
Discussion

Upinflames

Original Poster:

1,705 posts

178 months

Wednesday 10th April
quotequote all
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.

jan8p

1,729 posts

228 months

Wednesday 10th April
quotequote all
Yes. The insurance will deal with it, nothing you/he can do.

lord trumpton

7,405 posts

126 months

Wednesday 10th April
quotequote all
If some 18 year old crashed through your garden wall or fence - what would you do?


GriffoDP

189 posts

137 months

Wednesday 10th April
quotequote all
lord trumpton said:
If some 18 year old crashed through your garden wall or fence - what would you do?
One crashed through my house. I'm having him re-build it brick by brick so he doesn't have to claim :P.

</joke>

Tony_T

741 posts

81 months

Wednesday 10th April
quotequote all
Cash might change his mind?

LF5335

5,961 posts

43 months

Wednesday 10th April
quotequote all
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.
The cost of the fence won’t make any difference if he’s already claiming for the damaged car. The farmer can make his claim any way he likes and he has the right to, he is the injured (in the legal not medical sense) party.

Evanivitch

20,094 posts

122 months

Wednesday 10th April
quotequote all
Upinflames said:
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.
The kid has offered to pay a contractor to repair the fence to a professional standard? Or do it himself.

If the farmer has the option of a professional repair and avoiding insurance then perhaps he can be persuaded. Or perhaps he wants to teach the driver a lesson?

Edited by Evanivitch on Wednesday 10th April 20:04

Countdown

39,914 posts

196 months

Wednesday 10th April
quotequote all
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 understand why the farmer would rather have his fence repaired by professionals than an 18 year old.

Yes he can insist.

TwigtheWonderkid

43,387 posts

150 months

Wednesday 10th April
quotequote all
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.

Gareth79

7,672 posts

246 months

Wednesday 10th April
quotequote all
Reading between the lines, I think the dispute is that the friend's son wants to repair the fence himself personally for just the cost of materials and time (presumably very little £).

The farmer wants to put in a claim for £thousands and then repair it himself personally for just the cost of materials and time (presumably very little £).

lord trumpton

7,405 posts

126 months

Wednesday 10th April
quotequote all
With respect OP I wouldn't want some 18yr old rasclart fixing my fence, I'd want it done by an agricultural fence installer.

He'll just have to take his medicine and learn from it sadly.

stuthemong

2,278 posts

217 months

Wednesday 10th April
quotequote all
Report car stolen.

Deny all knowledge and involvement

  1. WasntMe.
biggrin

biggrin

Jim1064

345 posts

205 months

Wednesday 10th April
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Just fix it. Damage? What damage?

lost in espace

6,164 posts

207 months

Wednesday 10th April
quotequote all
I may be being thick here, but don't you have to declare if you have had any accidents?

Forester1965

1,482 posts

3 months

Wednesday 10th April
quotequote all
Just tell the farmer to do it and the lad will pay the tab.

Voldemort

6,151 posts

278 months

Wednesday 10th April
quotequote all
/aside

I can tell you from (a friends (honest, not me!) experience) that the cost of a fence is likely peanuts compared to 8 yards of dry stone wall.

Bighoose

44 posts

36 months

Wednesday 10th April
quotequote all
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 don't think thats right is it? If a driver insists on "not going through the insurance" you are saying that they have that right? Not my understanding at all. I asked my insurer to claim against a driver who was desperate to avoid a claim and begging to let him arrange a repair. It was a clear cut case as I was parked and walking away from the car when he hit it. He wouldn't provide details but his reg was enough for them to determine who his insurer was and he was found at fault. I don't see why the farmer in this case would be a different position.

TheDrownedApe

1,032 posts

56 months

Wednesday 10th April
quotequote all
Stuff em. Fricking farmers where I live are all self-righteous (south warwickshire village). Twice I've had smashed windscreens from muck thrown from thei tyres when no reg seen. They plead the innocent party but act like the opposite when it suits them.

What goes around..... hope your 18yo earns a lesson but fee free from "giles"

Evanivitch

20,094 posts

122 months

Wednesday 10th April
quotequote all
Forester1965 said:
Just tell the farmer to do it and the lad will pay the tab.
No guarantee the lad has the means to pay, what if he tries to dodge repayment?

EddieSteadyGo

11,951 posts

203 months

Wednesday 10th April
quotequote all
My wife's car was hit in the side by a new driver pulling out of a junction (which was the road the new driver happened to live on). Damage was moderate (damage to two doors). Girl driving the car was in tears, calls her dad who lived literally a couple of hundred meters away. He comes out and pleads with my wife not to make a claim on their insurance and let him settle it. Wife feels sorry for the girl and agrees. We get a couple of quotes from authorised body shops. The dad starts to quibble, implying we are looking to make a gain out of the accident, and suggesting we need to use his body shop which he thinks is more "reasonable".

This is exactly what I suspected would happen. We delete and block his number, report the accident, and make a claim on her insurance as we should have originally done. Car then gets fixed at one of the original body shops which I was happy with.

Why is this relevant? The farmer with the damaged fence knows, like I do now, there is no point in entering negotiation with the person who did the damage. Just let the insurance companies figure out where the blame lies and the farmer can then get the damage fixed without any risk of being 'nickel and dimed'.