Received bill from Highways Agency after car accident

MrsJam
MrsJam Posts: 134 Forumite
Hi
Would appreciate some advice on this. In February of this year my daughter was involved in a car accident. Both cars were subsequently written off. In May this year i received a letter from Highways (I'm the registered keeper). In it they said they were charging me nearly £500 which was for making the road safe and for repairs to the pedestrian guard rails and posts.

We live local to where the accident happened and were at the scene within minutes. We didn't notice any damage to the guard rails and post. A Police Officer at the scene took a video of the aftermath on my phone for insurance purposes. I checked this and even though the accident happened at night you can see the rails and post clearly and they don't look damaged.

I contacted Highways asking for more details of the damage caused and also asking for a breakdown of the costs involved. As yet I haven't had a reply to this letter, just an invoice and this morning a red letter invoice asking for payment within the next 7 days or further action will be taken.

I know there are some costs I will have to pay but how can they bill me for damages where there doesn't appear to be any.

Does anyone know what I should do next? Can i use this video as proof that no damages were caused in the accident?

Any help would be very much appreciated.
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Comments

  • Strider590
    Strider590 Posts: 11,874 Forumite
    edited 25 June 2013 at 11:12AM
    http://www.bbc.co.uk/news/uk-19833237

    That £500 was probably just the cost of sending a contractor out to inspect the area.
    And yes that's probably too much, but that's contract corruption for you. Just imagine how many rounds of golf and how many money stuffed envelopes it cost to win that lucrative contract.
    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

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  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    MrsJam wrote: »
    I know there are some costs I will have to pay but how can they bill me for damages where there doesn't appear to be any.

    Does anyone know what I should do next? Can i use this video as proof that no damages were caused in the accident?

    Any help would be very much appreciated.

    Pass it to the insurers and they will deal with it. Given the value the insurers will most likely simply pay it.
  • Jamie_Carter
    Jamie_Carter Posts: 5,282 Forumite
    Wouldn't this be covered by your insurance anyway?
  • MrsJam
    MrsJam Posts: 134 Forumite
    Thanks for the replies.

    I thought i would have to pay it, will send off to insurers and see what happens.
  • bryanb
    bryanb Posts: 5,029 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Was your daughter at fault in the accident, maybe pass to other party if not.
    This is an open forum, anyone can post and I just did !
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    MrsJam wrote: »

    I thought i would have to pay it, will send off to insurers and see what happens.

    Send the highways agency a letter detailing your insurer and telling them you have forwarded their letter.
  • Rain_Shadow
    Rain_Shadow Posts: 1,798 Forumite
    edited 25 June 2013 at 11:30AM
    MrsJam wrote: »

    I know there are some costs I will have to pay but how can they bill me for damages where there doesn't appear to be any.

    Does anyone know what I should do next? Can i use this video as proof that no damages were caused in the accident?

    Any help would be very much appreciated.

    There may be costs you should pay (not sure what apart from the excess) but this isn't one of them. It's a cost of the accident and you should just pass it to your insurers. I doubt they'll be too pleased that you sat on it until you got the 'red' letter but heyho. As Hintza said, just tell the HA that is what you've done.
    You can pick your friends and you can pick your nose but you can't pick your friend's nose.
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    Write back and ask for "Proof of claim"

    Thank you for your invoice for £500 however before it can be considered as a genuine invoice I must first ask you provide foundation evidence for creation of this invoice.
    I require Proof of Authority, what act or law are you claiming to be in force and what is your lawful or legal right to collect under this law or legislation.
    Please forward Proof of claim and the foundation which the alleged costs is based upon.
    If you are able to provide Proof of claim and Proof of authority.
    Please provide full workings and itemised costs for parts and work claimed including amounts of VAT claimed and copies of VAT receipts for these costs.
    In absence of proof of claim + proof of authority within 14 days I shall regard the matter closed.


    That is a mirror of exactly what they would ask you to do.
    What is good for the goose Is good for the gander
    Be happy...;)
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    spacey2012 wrote: »
    I require Proof of Authority, what act or law are you claiming to be in force and what is your lawful or legal right to collect under this law or legislation.

    Why does their need to be legislation?

    The law of torts is common law and not formed in legislation. A negligent party is liable for the reasonable cost of its victims as a direct result of the negligent act.

    If you have damaged street furniture or have triggered cleanup/ site visits etc then you are liable to pay those costs. The OP could try and challenge over if the costs are reasonable but on the basis it is covered by the Third Party Liability section of their Motor policy then any contesting the costs is really something done for "fun" or "principle" rather than any money saving consideration.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    spacey2012 wrote: »
    Write back and ask for "Proof of claim"

    This is why you have third party insurance...................the insurance company deal with this on your behalf and settle any "legitimate" claims.

    Yours is a very bad idea fraught with danger and a load of hassle.
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