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

FH_Brit

sarahg1969 wrote: »

I don't know of any comprehensive policies that will pay you out for your injuries caused by your own negligence. Do they really exist? Surely not. Otherwise, all comprehensively-insured fault drivers would be claiming. And I've yet to see that happen.

Both myself and my Fathers RTA was paid out by our own Policies. That's why it is FULLY and not PARTIALLY Comprehensive.

You are covered irrespective of fault. Same as your car if you are responsivble or at fault, your car will be paid for. TPFT/TP only is not- it covers Third party's loss only and you get nothing for your loss either property or injury.

General Example (and these party's can change);

Party 1 = You the policy holder.
Party 2 = Your Vehicle
Party 3 = Any other person/organization

or

Party 1 = You the policy holder.
Party 2 = Your Insurers.
Party 3 = Any other person/org.

dacouch

Party 1 = You the policy holder.
Party 2 = Your Insurers.
Party 3 = Any other person/org.

Is the correct example

FH_Brit

Example 1 = uninsured driver?

and by vehicle I mean owner (if not you = Company/Hire car etc).

Proc

I love the [STRIKE]Idiot[/STRIKE] Insurance forum.

I'd be interested to see how OP would react when they go into Tesco and find the price of just about every single dairy & meat product have doubled in price because farmers have had to employ a load of road sweepers to follow close behind so that idiot drivers don't have a crash on some mud.

Seriously. I've lived in the country all my life. The roads get caked in mud. I guess we should band together and tell the farmers to not use such muddy fields.

raskazz

FH_Brit wrote: »

Personal injury should be covered irrespective of fault in better policies anyway - Not TPFT or TP only.

Please link me to any motor insurance policy issued in the UK which covers personal injury (apart from a nominal personal accident benefit) to the first party.

nuttyp

My dad owns a farm and its true mud does end up on the road. But he does try to clear the road within a reasonable time, and the police have said that is acceptable. TBH if its snowy or rainy and your in the countryside its common sense that there might me a bit of mud, cow crap, horse crap etc on the roads. These are all hazzards, as well as fallen gladiolis, tullips aand daffodills off the back of a tractor!!!

I wrote my car off on mud left on the road, just one of those things - insurance paid out - and i lost my car oscar

Unfortunatley its one of those things, and its not always possible to have an extra farmer man/lady to stand at each fields entrance to clear any mud that falls off a tractor, We have handmade signs down our way it is a bit of hardboard with mud written on it!!! works, you know whats comeing round the corner.

sarahg1969

FH_Brit wrote: »

Both myself and my Fathers RTA was paid out by our own Policies. That's why it is FULLY and not PARTIALLY Comprehensive.

You are covered irrespective of fault. Same as your car if you are responsivble or at fault, your car will be paid for. TPFT/TP only is not- it covers Third party's loss only and you get nothing for your loss either property or injury.

General Example (and these party's can change);

Party 1 = You the policy holder.
Party 2 = Your Vehicle
Party 3 = Any other person/organization

or

Party 1 = You the policy holder.
Party 2 = Your Insurers.
Party 3 = Any other person/org.

I do understand the different types of policy available, and appreciate that under a comprehensive policy, regardless of fault, the car will be paid for. However, I specifically referred to personal injuries. Are you saying that both you and your father had fault accidents and were compensated by your own insurers for your injuries? Which insurers offer this service? I'm sure they will be very popular indeed!

FH_Brit

Yes Sarah and I'll try to remember the company for you = and this was a few years ago - my Father had his accident in 1974 and took 12 years to get the claim settled but in the end our (same company) settled.

paulw98

Why wont anyone take responsibility for their own actions anymore?

Zapp_from_Planet_Zogg

FH_Brit wrote: »

Health & Safety laws (I think you mean te Health and Safety at Work Act) in that case the Farmer (under this law) is responsible for his employees only.

I think I know what I mean, but thank you for attempting to interpret my own thoughts for me.

I actually meant 'Health & Safety Laws'.... that's why I wrote it. I was making reference to the suite of legislation rather than a specific Act.

FH_Brit wrote: »

Are you saying that you are "OK" with leaving mud on road? I think you attitude would change if it was your family or yourself that was injured!

No, I am not. My reference to the 'Grey areas of statute' refers. This is one of the situations where common sense has to prevail. The interpretation and enforcement of the law cannot be absolute on every occasion - hence a 'grey area' is born!

My original post was actually reinforcing a point you made, but was serving to offer context to the requirement for contractors or others to maintain the highway in proper order.

As others have already mentioned, and I hinted, some contamination of the road is an inevitable consequence of certain activities. The legal interpretation of what is reasonable then comes into play. Clearly, it is reasonable to assume that a significant degree of contamination may be permissible if no harm arises from it. Conversely, if there is a significant probability of harm, a much reduced level of contamination may be tolerated.

It is always for the driver to satisfy him/herself that the road conditions are safe and the driver should modify their driving style accordingly, or avoid that section of road. To drive without any regard for the prevailing conditions would fall comfortably within the remit of 'driving without due care....' This is reinforced by the Road Traffic Act, which imposes responsibilites on all parties. This includes the driver.

Ultimately, these things do happen, that's what insurance is for.