Public Liability Claims

spacey2012

Then IMO if there was no requirement for the trailer to be displaying lights or reflectors as it was daylight, you can probally expect a bill for the damage to the trailer.
Hitting a stationary object is usually your own fault.

carpykim

There was no damage to the trailer at all.
As I have stated the trailer leg was protruding thru the barrier onto the highway.

sithemadmonkey

The trailer leg may have been protruding through the barrier into the highway, but because it wasn't moving and you drove into it, their argument is that you should have seen it and avoided it, the same as if it was a puppy or small child instead of a trailer leg. As others have said, driving into a stationary object is almost always going to be the fault of the person doing the driving.

Are you insured comprehensively? If so then you can still get the van repaired on your own insurance but it'll be marked as a 'fault' claim (with excess to pay and any NCD reduced accordingly).