Farmer claiming for damaged fence
Discussion
OutInTheShed said:
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?Voldemort said:
/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.
Not wanting to disagree, dry stone walling isn't a particularly difficult skill. I think I learnt it when I was on scout camp. It fills me with horror when you see cement used. 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.
On another thread, I previously posted, about the sale of a cavalier to a bloke down the road when I lived in the Yorkshire Dales.
His son with friends had left the road on the way back from a pub, about 4 miles from home, possible there was drink involved, but maybe not.
Ended up on top of a dry stone wall.
There was a deal struck which involved the farmer now owning the salvage (an old BX) and ALL the lads in the car fixing the wall and doing jobs around the farm. ALL, because, if you are mates, you help out, your mates.
I'm assuming the farmer taught them to dry stone wall, but IIRC my son was taught this whilst he was in reception, on a school trip (all 12 kids plus 2 teachers) to a local farm, so it maybe that they already understood the basics.
One of the lads (not the driver) subsequently became a self employed freelance walling guru.
I'm not sure if one or more of the parents knew the farmer, but everyone seemed to know everyone else, so I'm guessing the negotiation, went something like, what can we do to make these lads grow up? Could you make them work thier ballocks off, to show actions have consequences. At least you can get more than the wall fixed.etc.
The problem is if you don't know the farmer, you can't easily engage in conversations like that.
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.
QED! 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.
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.
When are you going to reply to all these questions?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 come on here, you start a thread, you make one post and then - nothing!
We demand answers!
vonhosen said:
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.
OverSteery said:
I would be interested to know the correct answer on this. I had always assumed that the driver, being responsible for the damage, could pay to resolved it without insurance if he wanted to. Insurance usually is a contract for the protection of the policy holder, but I know car insurance is a bit unique.
The driver can prevent the insurer paying by paying themselves, but can't stop the insurer being involved in negotiations (or court cases) over liability and amounts as that will be required by insurance contract and a court would enforce performance (i.e. letting them negotiate) as other remedies leave you committing a crime (driving without valid insurance).jan8p said:
It's moot anyway. Irrespective of the requirement to provide insurance details to a 3rd party, the 3rd party can legitimately acquire the insurance details from the VRM and make a claim.
Yes they can claim, but what would the insurance company's response be, if the policy owner stated that they wished to meet costs themselves and not through the insurer?OverSteery said:
Yes they can claim, but what would the insurance company's response be, if the policy owner stated that they wished to meet costs themselves and not through the insurer?
They’d allow the customer to pay and then mark the accident in their records to be used in future premium calculations.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.All of us have the right to be fully compensated for damage done to our property by a third party. But none of us has the right to demand who provides that compensation. Just so long as someone does.
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.
Gary C, if I find out the name of your insurance co, go to them and ask them to repair my car that you hit (even though I've never met you or had an accident with you), would you expect your insurer to do that, willy nilly? Of course not. They'd come to you and say "Twig says you hit his car on 2nd April, and wants £3K for repair. What say you?" At which point you can say a) Twig's a liar. b) It's true, it's all my fault, please pay him . c) It's true, but don't worry, Ill pay him out of my own pocket. 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.
If you did hit me, I need to be compensated. But I don't get to choose who picks up the bill. Just so long as it's not me.
Ken_Code said:
TwigtheWonderkid said:
Yes, but not who pays the bill. So long as someone other than the farmer pays for it.
That depends. If the lad isn’t prompt in paying in full then he doesn’t get to stop the farmer claiming from his insurance company.Now you're adding in different things to the scenario, like failure to pay when you've said you will.
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