Council claiming for damage to road!
Discussion
Breadvan72 said:
The insurer will pay if its policy holder has a liability. Damaging a highway is an offence, but there is no statutory civil duty that I am aware of (there might be one, but I am not the Pope). There is a potential liability under the common law of trespass.
It's only an offence when there is intent/ recklessness if we are talking crim dam.There's s.22 RTA 1988 - Causing Danger to Road Users - but that also requires intent.
Eclassy said:
Counterclaiming for badger control wasnt a serious comment and I wouldnt expect anyone with half a brain to take it serious.
The council is not entitled to claim of thw motorcyclists insurance as he wasnt negligent. A badger ran across the road and he hit it and spilled oil/coolant. Was he negligent?
I have suffered from several stone chips and cracks and on one occassion where there was just a truck in front of me, I knew who flipped it up. Should I be allowed to claim off the trucks insurance?
http://youtu.be/cZAjJ-g0UDw
Watch this video (at 0:35) and tell me how any cyclist or even motorist can plan for this. To have a claim made against you for an incident which you had absolutely no control over in which you could have lost your life is rubbing salt into an injury.
With this experience, the rider and people he tells his story too are more than likely to leave the scene of a similar incident because they fear they may be further penalised.
If a truck is flipping up stones, then the council are to blame, for putting stones that are not secure on the road? The council is not entitled to claim of thw motorcyclists insurance as he wasnt negligent. A badger ran across the road and he hit it and spilled oil/coolant. Was he negligent?
I have suffered from several stone chips and cracks and on one occassion where there was just a truck in front of me, I knew who flipped it up. Should I be allowed to claim off the trucks insurance?
http://youtu.be/cZAjJ-g0UDw
Watch this video (at 0:35) and tell me how any cyclist or even motorist can plan for this. To have a claim made against you for an incident which you had absolutely no control over in which you could have lost your life is rubbing salt into an injury.
With this experience, the rider and people he tells his story too are more than likely to leave the scene of a similar incident because they fear they may be further penalised.
Breadvan72 said:
Pit Pony said:
If a truck is flipping up stones, then the council are to blame, for putting stones that are not secure on the road?
No. Not everything involves blame. Some stuff just happens by accident. 
Personally I cannot see what all the fuss is about. The motorcyclist did the right thing and reported it so that it would not cause an accident for someone else. He is clearly of high moral standing. Get yourself on the Nordschleife (also a public highway albeit in Germany) and spill coolant/oil and expect to pay for closure/cleaning.
There is nothing wrong with taking responsibility for your actions.
It was a badger but could have been a child or another car. It would be just as easy to run off if it was not a badger and say nothing so that it did not cost you anything.
Perhaps in hindsight he could have researched cleaning it up himself. I am sure it is not rocket science although in practical terms perhaps a bit of a kerfuffle. Failing that he could pay out of his own pocket and save his NCB.
Nobody wants to be out of pocket for an 'accident' but by the same token why should everyone else pay for it through their rates - ?
Pip
There is nothing wrong with taking responsibility for your actions.
It was a badger but could have been a child or another car. It would be just as easy to run off if it was not a badger and say nothing so that it did not cost you anything.
Perhaps in hindsight he could have researched cleaning it up himself. I am sure it is not rocket science although in practical terms perhaps a bit of a kerfuffle. Failing that he could pay out of his own pocket and save his NCB.
Nobody wants to be out of pocket for an 'accident' but by the same token why should everyone else pay for it through their rates - ?
Pip
Eclassy said:
Counterclaiming for badger control wasnt a serious comment and I wouldnt expect anyone with half a brain to take it serious.
The council is not entitled to claim of thw motorcyclists insurance as he wasnt negligent. A badger ran across the road and he hit it and spilled oil/coolant. Was he negligent?
I have suffered from several stone chips and cracks and on one occassion where there was just a truck in front of me, I knew who flipped it up. Should I be allowed to claim off the trucks insurance?
http://youtu.be/cZAjJ-g0UDw
Watch this video (at 0:35) and tell me how any cyclist or even motorist can plan for this. To have a claim made against you for an incident which you had absolutely no control over in which you could have lost your life is rubbing salt into an injury.
With this experience, the rider and people he tells his story too are more than likely to leave the scene of a similar incident because they fear they may be further penalised.
if he'd hit the badger, fallen off, then his bike had smashed into your car, would you claim against his insurance?The council is not entitled to claim of thw motorcyclists insurance as he wasnt negligent. A badger ran across the road and he hit it and spilled oil/coolant. Was he negligent?
I have suffered from several stone chips and cracks and on one occassion where there was just a truck in front of me, I knew who flipped it up. Should I be allowed to claim off the trucks insurance?
http://youtu.be/cZAjJ-g0UDw
Watch this video (at 0:35) and tell me how any cyclist or even motorist can plan for this. To have a claim made against you for an incident which you had absolutely no control over in which you could have lost your life is rubbing salt into an injury.
With this experience, the rider and people he tells his story too are more than likely to leave the scene of a similar incident because they fear they may be further penalised.
neil1jnr said:
TheConverted said:
wait what so eclassy's world the insurance wont pay out for the bike either, as no negligence was proven?
anyway, this is what insurance is for, thats the point to over you for unforeseen events? if you crashed and took out a some road furniture they would be entitled to recover repair cost from you, why not to clean up an oil spill.
Its not the council who had an accident, their not at fault and should be put back in the position they were before the incident.
edit to add, all credit to the OP's friend for being responsible and doing the right thing.
Andy
Exactly this.anyway, this is what insurance is for, thats the point to over you for unforeseen events? if you crashed and took out a some road furniture they would be entitled to recover repair cost from you, why not to clean up an oil spill.
Its not the council who had an accident, their not at fault and should be put back in the position they were before the incident.
edit to add, all credit to the OP's friend for being responsible and doing the right thing.
Andy
Edited by TheConverted on Thursday 16th October 09:54
It isn't the council's fault. If it wasn't for the insurance cover then who would be paying the bill? The tax payer via the council's budget or the OP personally?
However, in this case, I think the biker or his insurers will have to pay because the council aren't after money for damage, they are billing for a service they provided.
Pit Pony said:
If a truck is flipping up stones, then the council are to blame, for putting stones that are not secure on the road?
The inside of the front wheel arches of my car are rusting due to stone chips from reCan I claim the repair costs from the council?...
So, the PH consensus is that he needs to suck it up and let his insurance deal with it.
It seems doing the right thing sometimes has a price tag attached, that's life.
Thanks everyone for contributing and letting the thread reach 3 pages without any personal attacks, trolling or idiocy
It seems doing the right thing sometimes has a price tag attached, that's life.
Thanks everyone for contributing and letting the thread reach 3 pages without any personal attacks, trolling or idiocy
kev b said:
A couple of months ago one of my motorcycling mates was returning from one of our ride outs as darkness was falling.
His Suzuki Hayabusa hit A PATCH OF OIL ALREADY ON THE ROAD FROM AN UNKNOWN SOURCE THEN FURTHER HIT either a Badger or Muntjack deer WHICH WAS ALSO ON THE ROAD IN ADDITION TO THE PRE-EXISTING OIL ON THE ROAD, he stayed on but the oil radiator was smashed, BUT FORTUNATELY WAS ABLE TO RETAIN THE OIL INSIDE, RATHER THAN LEAKING ONTO THE ROADWAY. HOWEVER THE 2 or 3 litres of oil FROM AN UNKNOWN SOURCE REMAINED ON THE ROAD.
Concerned about the oil on the road, he called the police who came and put a few cones out before leaving the bike in a driveway and being collected by his wife. BEING QUITE DISTURBED BY THE INCIDENT, HE CANNOT REMEMBER IF HE MENTIONED THE PRE-EXISTING OIL ON THE ROAD AT THE TIME.
This week he was contacted by the council, who requested his insurance details so they could claim for the cost of clearing up the road, when he hesitated the caller warned him he must provide his details or they would take legal action against him personally.
I've edited the events at the time of the incident for you in CAPS. His Suzuki Hayabusa hit A PATCH OF OIL ALREADY ON THE ROAD FROM AN UNKNOWN SOURCE THEN FURTHER HIT either a Badger or Muntjack deer WHICH WAS ALSO ON THE ROAD IN ADDITION TO THE PRE-EXISTING OIL ON THE ROAD, he stayed on but the oil radiator was smashed, BUT FORTUNATELY WAS ABLE TO RETAIN THE OIL INSIDE, RATHER THAN LEAKING ONTO THE ROADWAY. HOWEVER THE 2 or 3 litres of oil FROM AN UNKNOWN SOURCE REMAINED ON THE ROAD.
Concerned about the oil on the road, he called the police who came and put a few cones out before leaving the bike in a driveway and being collected by his wife. BEING QUITE DISTURBED BY THE INCIDENT, HE CANNOT REMEMBER IF HE MENTIONED THE PRE-EXISTING OIL ON THE ROAD AT THE TIME.
This week he was contacted by the council, who requested his insurance details so they could claim for the cost of clearing up the road, when he hesitated the caller warned him he must provide his details or they would take legal action against him personally.
Edited by creampuff on Friday 17th October 21:14
mybrainhurts said:
So, how much is the Council claiming for a couple of shovel fulls of cement from the back of a Tranny?
Article on RIP OFF BRITAIN ,today. It would seem that road agents who maintain the roads in Northamptonshire, routinely send out demands for £600 every time there's an accident. In one case when asked for photographic evidence ,the wrong photograph was produced( In the actual case ,if oil was spilt, it would have been for a short distance in L2, then L1, and hard shoulder.Photograph showed a long oil trail on the HS) And equal claims were made to both parties, presumably in the hope of getting two payments for the same accident. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff