Farmer claiming for damaged fence
Discussion
Forester1965 said:
If there's no injury there's no duty to provide insurance details to the 3rd party. I'm not sure the farmer has any right to insist on who pays for the damage, or the driver's insurer to insist they must pay rather than their insured?
Injury or damage.RTA 1988 § 170
Solocle said:
Forester1965 said:
If there's no injury there's no duty to provide insurance details to the 3rd party. I'm not sure the farmer has any right to insist on who pays for the damage, or the driver's insurer to insist they must pay rather than their insured?
Injury or damage.RTA 1988 § 170
Simplest thing for the farmer is claim on his own insurance so it's completed to his satisfaction then let his insurer get the money back from the lad or the lad's insurance company.
That way the farmer gets it completed to his satisfaction by somebody he & his insurer agree on.
His insurer will probably contact the lad's insurer.
That way the farmer gets it completed to his satisfaction by somebody he & his insurer agree on.
His insurer will probably contact the lad's insurer.
FMOB 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.
I have never known a policy holder to be able to force or prevent their insurer paying out a claim.The insurance is to cover your liability, you can choose to use it, or not.
MustangGT said:
FMOB 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.
I have never known a policy holder to be able to force or prevent their insurer paying out a claim.The insurance is to cover your liability, you can choose to use it, or not.
But surely none of this makes any difference
The Farmer can still go straight to the insurance company and make a claim no matter what the driver wishes him to do.
Their are procedures for the Farmer to obtain his insurance details regardless of the driver not giving him the details and the driver cant prevent this, all he needs is the registration.
The Farmer can still go straight to the insurance company and make a claim no matter what the driver wishes him to do.
Their are procedures for the Farmer to obtain his insurance details regardless of the driver not giving him the details and the driver cant prevent this, all he needs is the registration.
Forester1965 said:
Solocle said:
Forester1965 said:
If there's no injury there's no duty to provide insurance details to the 3rd party. I'm not sure the farmer has any right to insist on who pays for the damage, or the driver's insurer to insist they must pay rather than their insured?
Injury or damage.RTA 1988 § 170
1(a) concerns injury
1(b) concerns damage
The last word of 1(a) is "or" which has a straight forward meaning.
It is obvious therefore that either injury or damage cause section 2 to apply.
This is simple stuff...note to self: never take legal advice from the internet.
On topic - the lad /his parents should have no expectation to dictate what the "injured" party does.
Ian Geary said:
Eh?
1(a) concerns injury
1(b) concerns damage
The last word of 1(a) is "or" which has a straight forward meaning.
It is obvious therefore that either injury or damage cause section 2 to apply.
This is simple stuff...note to self: never take legal advice from the internet.
On topic - the lad /his parents should have no expectation to dictate what the "injured" party does.
Read 51(a) concerns injury
1(b) concerns damage
The last word of 1(a) is "or" which has a straight forward meaning.
It is obvious therefore that either injury or damage cause section 2 to apply.
This is simple stuff...note to self: never take legal advice from the internet.
On topic - the lad /his parents should have no expectation to dictate what the "injured" party does.
(5)If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of a motor vehicle does not at the time of the accident produce such a certificate of insurance or other evidence, as is mentioned in section 165(2)(a) of this Act—
(a)to a constable, or
(b)to some person who, having reasonable grounds for so doing, has required him to produce it,the driver must report the accident and produce such a certificate or other evidence.
so name and address has to be given for 1(a) and 1(b), but only 1(a) for the insurance details
But again surely none of this makes any difference
The Farmer can still go straight to the insurance company and make a claim no matter what the driver wishes him to do.
Their are procedures for the Farmer to obtain his insurance details regardless of the driver not giving him the details and the driver cant prevent this, all he needs is the registration.
Edited by Gary C on Thursday 11th April 09:57
Gary C said:
But surely none of this makes any difference
The Farmer can still go straight to the insurance company and make a claim no matter what the driver wishes him to do.
Their are procedures for the Farmer to obtain his insurance details regardless of the driver not giving him the details and the driver cant prevent this, all he needs is the registration.
Yes and No.The Farmer can still go straight to the insurance company and make a claim no matter what the driver wishes him to do.
Their are procedures for the Farmer to obtain his insurance details regardless of the driver not giving him the details and the driver cant prevent this, all he needs is the registration.
Assuming that the farmer has the registration number then he could request insurance details from the MIB and if they provide them then he could contact the insurer. However, the insurer will have no record of the accident as the OP's son has not notified them. The insurer won't settle a claim like that immediately but will instead contact the OP's son asking him to explain what has happened. What happens after that will depend on the response from the OP's son.
1. If he admits the accident then the insurer will progress the farmers claim.
2. If he denies the accident then the insurer will deny the claim unless the farmer produces some evidence that contradicts the denial.
3. If he fails to respond then the insurer is likely to repeat their enquiries and may eventually draw their own conclusions about what has happened.
Something I've wondered as I've seen upside down cars in fields alongside surprisingly straight roads is... Do they have to do anything about oil/coolant/fuel contamination before the soil is any good for farming?
I realise a few litres on a little patch of 100s of acres is small, but is it a thing?
I realise a few litres on a little patch of 100s of acres is small, but is it a thing?
Tom8 said:
I farm. I keep a stock of fencing at all times. So demanding payment is exactly what I would do and then fix it myself.
I guess if you had livestock in the field, you'd have fixed it by now, to your own standards, because the responsibility for doing it properly and not being negligent to your livestock is yours?ralphrj said:
Yes and No.
Assuming that the farmer has the registration number then he could request insurance details from the MIB and if they provide them then he could contact the insurer. However, the insurer will have no record of the accident as the OP's son has not notified them. The insurer won't settle a claim like that immediately but will instead contact the OP's son asking him to explain what has happened. What happens after that will depend on the response from the OP's son.
1. If he admits the accident then the insurer will progress the farmers claim.
2. If he denies the accident then the insurer will deny the claim unless the farmer produces some evidence that contradicts the denial.
3. If he fails to respond then the insurer is likely to repeat their enquiries and may eventually draw their own conclusions about what has happened.
thats a different argumentAssuming that the farmer has the registration number then he could request insurance details from the MIB and if they provide them then he could contact the insurer. However, the insurer will have no record of the accident as the OP's son has not notified them. The insurer won't settle a claim like that immediately but will instead contact the OP's son asking him to explain what has happened. What happens after that will depend on the response from the OP's son.
1. If he admits the accident then the insurer will progress the farmers claim.
2. If he denies the accident then the insurer will deny the claim unless the farmer produces some evidence that contradicts the denial.
3. If he fails to respond then the insurer is likely to repeat their enquiries and may eventually draw their own conclusions about what has happened.
If he denies the accident then thats fraud and a whole new game.
The Farmer can claim directly no matter
Edited by Gary C on Thursday 11th April 10:32
Ian Geary said:
Forester1965 said:
Solocle said:
Forester1965 said:
If there's no injury there's no duty to provide insurance details to the 3rd party. I'm not sure the farmer has any right to insist on who pays for the damage, or the driver's insurer to insist they must pay rather than their insured?
Injury or damage.RTA 1988 § 170
1(a) concerns injury
1(b) concerns damage
The last word of 1(a) is "or" which has a straight forward meaning.
It is obvious therefore that either injury or damage cause section 2 to apply.
This is simple stuff...note to self: never take legal advice from the internet.
On topic - the lad /his parents should have no expectation to dictate what the "injured" party does.
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