Highways Agency Claim On Car Insurance

[quisling]

Briefly, my daughter drove up a roadside barrier one night.

A passing motorist called an ambulance (thankfully she was unhurt) and the police also attended and took her insurance details to call out her breakdown company, who recovered the car.

No other vehicle was involved, and there was no prosecution - in fact the police officer told her not to feel bad about it - it was 'always happening' along this stretch of road.

As the car was an old banger, it was only insured third party, so she made no claim on the insurance.

 

Three months down the line, the insurance company have written to her informing her that the Highways Agency are claiming the cost of repairing the barrier and therefore she has lost her no claims bonus.

 

Has anyone any advice on whether this can be challenged?

[Guest Old_andrew2018]

No IMHO it is a perfectly acceptable levy on your daughters insurance.

My own brother was billed after he caused damage to a motorway barrier as the result of a blow out, as with your daughter he escaped injury.

 

Andy

Edited May 18, 2009 by old_andrew2007
spelling

[gyzmo]

The Agency have had their property damaged by negligent driving. Why should it be challenged?

 

It will have to go as a claim on your daughter's policy. You could pay the costs back, but I would think the amounts involved will be quite substantial and prohibitive.

[Guest Old_andrew2018]

I agree with gyzmo costs for repair should come from the person/individual involved in the incident, it will come from insurance, so the only penalty in the case of your Daughter is a loss of NCB.

 

Andy

[quisling]

I think the replies suggest that responders feel my daughter should shirk her responsibility for damage she might have done to the barrier.

 

I would draw attention to the fact that four months after the event, the barrier is damaged in 6 seperate places along this 8/10ths of a mile stretch of road, and to the words of the attending officer as quoted in my original post.

 

Who is to say who damaged the barrier and how much of it is to be repaired at my daughter's expense?

[WelshMam2009]

Due to financial constraints, the vast majority of Highway Authorities have been seeking reimbursement for damages to their infrastructure no different to, for example, a householder who may have their garden wall demolished.

 

There doesn't appear to be any dispute that your daughter caused some damage but you appear to be querying the extent. Either way, the Insurance company would end up paying something and it would still mean your daughter losing her NCB.

 

Also, it's worth bearing in mind that a large proportion of the costs would involve traffic management and these wouldn't be substantially reduced (if at all) if the repair was for 1 metre or 10.

[MrMT]

The way I see it, she has two choices - pay out of her own pocket or claim through the insurance. As for how much, that's something she's arguing and if she took no details or pictures of the damage she caused at the time, she will have a hard time proving what costs she alone is/was responsible for. Live and learn, life's a school of hard knocks I'm afraid.

[Guest Old_andrew2018]

I think the replies suggest that responders feel my daughter should shirk her responsibility for damage she might have done to the barrier. On the contrary I cant see any post suggesting your daughter should not pay, all state quite the opposite she should pay, although this is through her insurance.

 

I would draw attention to the fact that four months after the event, the barrier is damaged in 6 seperate places along this 8/10ths of a mile stretch of road, and to the words of the attending officer as quoted in my original post.

 

Who is to say who damaged the barrier and how much of it is to be repaired at my daughter's expense?

 

I did not see any reference in your first post to your Daughter being billed directly, I read it that the loss of NCB was the problem.

I suppose it is possible for your Daughter to be billed however IMHO it is unlikely, if she is then you would need to take advice.

 

Andy

Edited May 21, 2009 by old_andrew2007
typo spotted

[Mossycat]

Your daughter was in charge of the car when it collided with a barrier, liability rests with your daughter for any damage she caused by her negligent driving.

 

The Council are quite correct and within their rights to look to your daughter (or her insurers) for compensation.

 

Your best course of action is to let the insurers sort it out and then if you or your daughter wants to preserve the NCB you pay back to the insurer what they have paid the Council.

 

Any comments made at the roadside by the Police about 'it always happening' does not in any way alter the fact that your daughter is liable for the damage she caused.

 

Mossy

[WelshMam2009]

Any comments made at the roadside by the Police about 'it always happening' does not in any way alter the fact that your daughter is liable for the damage she caused.

 

I agree. The Police are renowed for blaming accidents in winter on black ice as soon as they see any frost on parked cars when infact, the road temperature is considerably higher than air temperature!!

[Nickynackynoo]

If it's any help I have a relative who works for the HA and it's part of his job to go out checking the barriers on their territory every day. This means they troll the motorways looking for damage on a regular basis. It's unlikely that your daughter would be billed for the damage caused by others as they'd probably already have a record of it. If in doubt maybe the police would have a record of exactly where the damage she caused occurred.

 

As far as we're aware they don't bill you for everything they possibly can but if damage has been done it has to be repaired to protect other road users, therefore whoever caused the damage should pay. Also it's like the other post said, to protect the guys fixing it they have to put traffic management into place, cones trucks etc and this costs money too. It's not a case of ripping you off or anything, but it could well be more than you'd want to pay yourself as opposed to losing the NCB.