'damage' to central reservation - who pays?
Discussion
A friend of mine (not me, honest guv) had a slight moment where his car hit an armco barrier on a motorway sliproad. The car wasn't badly damaged enough for him to want to make an insurance claim, the damage to the armco was a minor dent that could only be seen on scrutiny, and would have no impact on it's ability to act as a safety barrier.
He then received a letter from the company that manages the motorway saying: 'you are liable for the cost of repair, so we will be forwarding an invoice as soon as costs are calculated.'
As there is no way this company are going to actually do any repairs, (it would be ridiculous if they were to do so as the damage is minor and very cosmetic) do they still have the right to demand money from him in such a 'open ended costs' way? We could understand it if the barrier was unable to perform its function, but this just strikes us as the road management company are trying to pull a fast one?
Anyone else come across this sort of stuff before?
cheers
He then received a letter from the company that manages the motorway saying: 'you are liable for the cost of repair, so we will be forwarding an invoice as soon as costs are calculated.'
As there is no way this company are going to actually do any repairs, (it would be ridiculous if they were to do so as the damage is minor and very cosmetic) do they still have the right to demand money from him in such a 'open ended costs' way? We could understand it if the barrier was unable to perform its function, but this just strikes us as the road management company are trying to pull a fast one?
Anyone else come across this sort of stuff before?
cheers
cccscotland said:
A friend of mine (not me, honest guv) had a slight moment where his car hit an armco barrier on a motorway sliproad. The car wasn't badly damaged enough for him to want to make an insurance claim, the damage to the armco was a minor dent that could only be seen on scrutiny, and would have no impact on it's ability to act as a safety barrier.
He then received a letter from the company that manages the motorway saying: 'you are liable for the cost of repair, so we will be forwarding an invoice as soon as costs are calculated.'
As there is no way this company are going to actually do any repairs, (it would be ridiculous if they were to do so as the damage is minor and very cosmetic) do they still have the right to demand money from him in such a 'open ended costs' way? We could understand it if the barrier was unable to perform its function, but this just strikes us as the road management company are trying to pull a fast one?
Anyone else come across this sort of stuff before?
cheers
He then received a letter from the company that manages the motorway saying: 'you are liable for the cost of repair, so we will be forwarding an invoice as soon as costs are calculated.'
As there is no way this company are going to actually do any repairs, (it would be ridiculous if they were to do so as the damage is minor and very cosmetic) do they still have the right to demand money from him in such a 'open ended costs' way? We could understand it if the barrier was unable to perform its function, but this just strikes us as the road management company are trying to pull a fast one?
Anyone else come across this sort of stuff before?
cheers
I suppose it depends on whether the barrier can be labelled as "someone else's property" If so should "your friend" not have informed plod? I really don't know what the correct answer is.
Difference being the one of the primary purposes of a car body panel is to look good, the purpose of an armco barrier is to provide safety, which in this case hasn't been affected. All the company will do is put it in their pockets and call it profit, and then sting the next poor bugger who does cause serious damage the full whack again. It smells of opportunism to me. If you were to borrow, say, your mates golf clubs, and left one of the irons with a small cosmetic scratch on the sole of the club would you honestly expect to repair/replace that? If I'd have lent you the clubs, I wouldn't care less...
I hit the central reservation on the M25 one night, as I was doing 70 (Honest guv) at the time (had swerved to avoid someone driving in the middle lane without lights in the total dark at about 10mph) I did a fair amount of damage to it. When the Police got to me they checked I was ok, had manged to get the remains of the car to the hard shoulder, and then went to check what damage I had done to the Armco. They told me they would report it,as I needed to pay for it. I heard no further and assume it was dealt with by my insurance company.
My guess is that even after an apparently minor knock the Armco needs checking to ensure the uprights aren't damaged. Otherwise the next guy to hit it could go straight through it.
My guess is that even after an apparently minor knock the Armco needs checking to ensure the uprights aren't damaged. Otherwise the next guy to hit it could go straight through it.
chrisgr31 said:
My guess is that even after an apparently minor knock the Armco needs checking to ensure the uprights aren't damaged. Otherwise the next guy to hit it could go straight through it.
That would be my guess too. It may be that the assessor decides its okay and the only bill is for their time. Either way, you'd either have to pay the bill or pass it on to your insurers in the same way as if it were another car.
If you do damage to any parts of the network, ie, barrier, road surface, lamp-post etc. that need any sort of repair or replacement, then a form is filled in at the scene by either the attending Police Officer or HATO, and the repair costs are then billed to you/your insurance.
Just thank you lucky stars you're not one of those HGV's that have recently ruined the road surface in RTC's, thus requiring complete resurfacing of a stretch of m/way, that ain't cheap!
Just thank you lucky stars you're not one of those HGV's that have recently ruined the road surface in RTC's, thus requiring complete resurfacing of a stretch of m/way, that ain't cheap!
boRED S2upid said:
superlightr said:
I had to pay for a broken tree and various branches to be removed from the road when I decided to be a tree hugger in my car last year.
You had to pay for a tree? Do the costs increase with the size of tree? Sorry that made me laugh.
aim for the pine tree, far cheaper than oak.
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