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

lisyloo

Have you told your insurers that you believe the farmer is liable?
What have they said?
Are they refusing to pursue the farmer on the basis of the information you've given them?

and believed it to be the farmers responsability to not leave mud all over the road esp. on a bend

I don't think we have enough info to judge liability.
You insurer should though,s o you should clarify their decision.
Farmers do have responsibilities, but so do drivers. This includes being able to stop in the distance you can see to be clear and that includes bends.
You might not want your drivig critiqued, but if you want to put liability at someone else's door then I'm afraid you can expect it to be discussed/questioned either in claims forms/letters or in court (if it got that far).

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

So they saw a hazard and slowed down but you did not???

greyteam1959

Have you not got Legal Assistance on your Insurance Policy ?????
IMHO ( for what it is worth) the farmers is liable.
They are NOT allowed to go around turning tarmaced roads into dirt tracks.
Was there any 'Mud On Road' signs.....nope bet there was'nt.

Inactive

I agree, but of course they are a law unto themselves.:(

gordikin

To me anyone ending up on a grass bank on the other side of the road facing the wrong way due to there being mud on the road needs to seriously consider if they should be driving at all. How many other people on that day had an accident at that location. I suspect 99.99% of drivers coped with the conditions, the OP didn't.

shelly

This thread has sent shivers down my spine.
I know you don't want criticism for the way you were driving but really, you do need to take more care...as you have hopefully learnt.

My Dad was on the receiving end of another driver not taking care and driving way too fast for the road conditions.
Dad ended up with a broken collar bone, numerous broken ribs, a broken nose and a fractured wrist.....all for being in the wrong place at the wrong time.

Unfortunately the other driver died.

cogito

You may very well have a good claim against the farmer. If he causes a hazard, he has a responsibility to other road users. Why do you think there are roadsweeping vehicles on roads around building sites? Precisely because construction companies have been successfully sued.

Your own insurers won't asist you with regard to your injuries but it won't be hard to find a solicitor who will.

Zapp_from_Planet_Zogg

I can second the last post (and the others that pointed this out).

Depositing mud or any other debris on a public highway is an offence, whether done intentionally or not. If deleterious material is allowed to be spread on a highway this is an offence pursuable by the Crown but also places the offender at risk of civil action for recovery of damages.

In this case, if it can be proven that the road conditions were impaired by the action of an individual farmer, the OP may have cause to recover damages against that farmer.

I would expect that the 'Legal cover' on a comprehensive policy should provide the assistance required in order to take civil action in this matter.

jonesMUFCforever

cogito wrote: »

You may very well have a good claim against the farmer. If he causes a hazard, he has a responsibility to other road users. Why do you think there are roadsweeping vehicles on roads around building sites? Precisely because construction companies have been successfully sued.

Your own insurers won't asist you with regard to your injuries but it won't be hard to find a solicitor who will.

So which farmer exactly using which tractor left the mud on the road?
Anybody care to volunteer to take the blame?

Inactive

jonesMUFCforever wrote: »

So which farmer exactly using which tractor left the mud on the road?
Anybody care to volunteer to take the blame?

It wouldn't matter if the farmer did it under the noses of the local police, they still would not get prosecuted, they are a law unto themselves, general law does not seem to apply to them.:(

Debt_Free_Chick

You have to prove that the farmer was negligent.

In general .... the farmer is allowed to use the public highway and it's accepted that mud may be deposited. The farmer ought to consider whether the mud should be washed away, taking account of any consequences of doing this e.g. creating black ice if sub-zero temperatures!

In any event, the farmer is not expected to clear the mud "instantly" so there will always be periods when there is mud on the road. For example, the farmer drives the tractor three miles to the next field. He then has to return to the muddy site and clear it. Given the time that takes, then there will be mud on the road for a while.

Question is - was the farmer unreasonable and negligent?

You need to establish when the mud was deposited, how long it remained there and what the farmer did. If he did nothing, did he have a plausible reason for doing nothing?

All in all .... these claims rarely go anywhere ....

If your insurer thought that a negligence claim was worth pursuing, then they would do just that to recover their own loss.