crashed car, mud on road from farm, insurance wont let me claim for injury!

ANNIEHAHA

Hi, crashed car on a country lane on monday

ended up on other side , on grass bank other way round

no other cars involved,luckily

there was mud on the lane from the fields/tractors

Insurance saying I cant claim for injury because noone else had an accident

where do i go from here?

I have photos of road conditions and mud and know other people who drove pass on way home to back up the bad conditions

BenL

It was your error for not driving in accordance with the road conditions.

Other people managed to drive the road correctly.

You cannot claim for your own injuries as you had inflicted them on yourself in effect.

If you are fully comp your car will be repaired minus your excess, if you damaged any of the famers property or street furniture the farmer and the council/highways will be looking for re-imbursement.

If you are 3rd party cover, only the farmer and council etc will be paid.

Anihilator

The insurerer is completely correct. The injury is entirely self inflicted. You as a motorist have an obligation to drive relevent to the conditions and failed to do so hence are liable.

Mud on the road is no excuse for you not driving properly, especially in the countryside where its normal.

dunstonh

there was mud on the lane from the fields/tractors

Only a towny would complain about that being unusual

sarahg1969

You cannot claim from your own insurer for injury.

However, if the negligence of the farmer was the cause of the accident, then you could pursue a claim against him through his insurers. You'll need to take legal advice on that point, and convince someone to take on the case for you.

lisyloo

I have photos of road conditions and mud and know other people who drove pass on way home to back up the bad condition

If they all got home safely then that doesn't back you up.

Hadrian

Same goes for ice and snow. Go to your local ice rink and watch the 'newbies' falling about. That's how a car reacts on ice. If the ice is solid and complete then there is NO steering and NO grip at all for the wheels, not just 'a bit' but NONE!! If you think you can't drive safely on ice or snow get wheel chains and/or Town and Country tyres. We did, many years ago when this happened every winter, October to March. You could always walk.

ANNIEHAHA

Only a towny would complain about that being unusual !!!!!!!!!!!!!!!!!!!

for your information ,I live in the countryside, drive on this road 2x a day and believed it to be the farmers responsability to not leave mud all over the road esp. on a bend

I was asking for advice NOT a critique on my driving

A company I know is constantly having the police on them for tractors leaving mud all over the road and they have to clear it properly

ANNIEHAHA

the only reason noone else crashed is because they see mine and we waved them to slow downm

Welshwoofs

I also live in the country and there's often mud on the roads...there's often large pools of water on the road too. Sometime there are sheep on the road. One drives to the conditions - if you see mud on the road then slow down...crawl round the bend doing 10mph if necessary.

I really don't think you're going to get anywhere trying to claim for an injury you've sustained when simply driving slowly would have done the trick. In all honesty, mud on the road is very easy to spot and if you didn't slow right down, then you really can't expect to be surprised if you lose control.

mattymoo

There might be a claim in law for this although I suspect a lot of the no-win no-fee brigade may shy away from it.

Have a look here for some useful info.
http://www.warwickshire.gov.uk/Web/corporate/pages.nsf/Links/B4C7B9F32BD5D7EC80256C46003C67C7/$file/Farming+and+the+Public+Highway.pdf

http://www.rottencouncil.co.uk/mud_dirt_filth.php