Accident involving rag & bone man

Tilt

Incyder wrote: »

If you ever get involved in an accident with a horse on the road, however it is caused, you will lose legally everytime.

Sorry, but where on this thread has anyone mentioned having an accident with a horse?

cyclonebri1

Tilt wrote: »

Sorry, but where on this thread has anyone mentioned having an accident with a horse?

Horse or horse and cart, does it matter?? the outcomes the same, your insurance claim;)

Tilt

cyclonebri1 wrote: »

Horse or horse and cart, does it matter?? the outcomes the same, your insurance claim;)

But the OP hasn't had an accident with a horse or cart, her car was hit by items falling off which, (had it been a motorised vehicle) is considered to be an insecure load. As I said earlier, what if these items had fallen onto a child (pedestrian). The 'trader' should have public liability insurance although I appreciate that there is no legal obligation for him to do so which leaves the only option for the OP to claim off her insurers who in turn may claim against the trader (hopefully). There is such a thing as a duty of care to others to consider as well.

cyclonebri1

Yes understood, but you have to realise that if this is a member of the travelling comunity, pressing anything in that direction would be frought with problems to say the least.

spiro

Tilt wrote: »

The 'trader' should have public liability insurance although I appreciate that there is no legal obligation for him to do so

Wrong as a business or even a sole trader you are required to have PLI, even your local window cleaner should have it. Get your insurance to pursue him.

Imp

Tilt wrote: »

I wonder what the position would be if the 'several items' had fallen onto a small child

Someone, think of the children!

dacouch

spiro wrote: »

Wrong as a business or even a sole trader you are required to have PLI, even your local window cleaner should have it. Get your insurance to pursue him.

There is no legal requirement for anyone to have Public Liability Insurance in the UK. The only compulsory insurances eg legal requirements are motor insurance and Employers Liability if you are an employer (There are a few exemptions to certain employers who would not need EL cover).

Tilt

dacouch wrote: »

There is no legal requirement for anyone to have Public Liability Insurance in the UK. The only compulsory insurances eg legal requirements are motor insurance and Employers Liability if you are an employer (There are a few exemptions to certain employers who would not need EL cover).

Thats what I thought. However, should a trader (whose activites are likely to conflict with the saftey of the public) choose not to be adequately insured, surely in circumstances where there is injury or damage to property caused, that trader should be held accountable. Otherwise, where is the 'duty of care to other's' eliment or the insentive to have PLI in the first place? How (or who) would compensation be made to any injured party? IMHO, such traders should be required by law to have PLI to cover these events. Motor insurance is a legal requirement because of the possible injury to others more so than for damage and I for one do not see any significant difference in the risks in being injured in a RTC than being injured by a peice of metal, brick or a similar falling from some scaffolding over a pavement or from the back of a cart being pulled by a horse.

cyclonebri1

But back in the context of this post which seems to be about a traveller, is there any propect of the op getting the no claims back??

It doesn't matter what he "should or should not" have, you can guarantee he "won't have"

rev_henry

Deleted_User wrote: »

Most of the "rag and bone men" round my area are boarder line thieves, if not, down and out thieves.

The traditional rag and bone men are long gone.

Like spiro says, they all go around in dangerous transit tippers in my area looking to see what they can pinch from your property.

Same round here. I've had them walking up my driveway at 11PM before now.