Accident debris clearance bill

System

There may still be liability and it will be up to the OPs insurance company to decide that. Lack of negligence does not preclude liability of the insurance company to pay out.

InsideInsurance

arcon5 wrote: »

A kid run out in front of you and you got billed for his treatment?

Assuming the person was deemed liable for the accident then yes, the NHS recover the cost of emergency medicine from the at fault party's insurance. They dont recover the cost of ongoing treatment post the initial emergency treatment.

dacouch

Inch_High wrote: »

So I'm guessing they weren't informed.

Your best bet in this case is to just pay it.

and decide pretty quickly as otherwise the Highway agency will obtain the Insurers details from the MID and send the bill to them. This will result in a letter from the Insurers asking for an explanation and a claim being noted on your record or if you pay it yourself then normally an incident noted against your record.

Some Insurers would not be to happy to receive a claim such as this without their customer informing them at the earliest reasonable time

arcon5

!!!!!! wrote: »

There may still be liability and it will be up to the OPs insurance company to decide that. Lack of negligence does not preclude liability of the insurance company to pay out.

Not always, but it can.
Not so long ago I read a case where a man hit a car waiting at a red traffic light due to sudden and unknown medical reasons and the judge determined he was not negligent and the claimant has no case. Something like that anyway. Wish I saved the link now.

comeandgo

A number of years ago my son in law had an accident, usual mess on the road but no fuel spilt. As we were aware of our local councils method of claiming costs if they had to clear up, we did it ourselves. It was a quiet country road so not a lot of traffic to contend with. A few months later a bill came in. We disputed the bill and asked for more info regarding which squad of men they had used and the time it took and what sort of debris they had taken away. We heard nothing further from them.

reeac

arcon5 wrote: »

Not always, but it can.
Not so long ago I read a case where a man hit a car waiting at a red traffic light due to sudden and unknown medical reasons and the judge determined he was not negligent and the claimant has no case. Something like that anyway. Wish I saved the link now.

Must have had a good lawyer.

vaio

reeac wrote: »

Must have had a good lawyer.

Nah, it's Tort 101, generally (and there are a few statutory exceptions) liability only flows from negligence, no negligence = no liability

Other driver has unexpected heart attack and smashes your car up, no negligence & you can't claim against him.

There is a recent case where a driver lost control on ice and injured his passenger, the judge ruled as above and the injured bloke went uncompensated and the same would have applied had another car/driver/queue of schoolkids with kittens been involved. http://www.kennedys-law.com/casereview/rtaskidonblackice/

Neighbours tree falls and demolishes your house, neighbour is only liable if he knew the tree was in danger of falling.

Obviously this can sometimes produce what look like (or are) unjust results and there is maybe an argument for more strict liability but that's one for the government

zaax

InsideInsurance wrote: »

Assuming the person was deemed liable for the accident then yes, the NHS recover the cost of emergency medicine from the at fault party's insurance. They dont recover the cost of ongoing treatment post the initial emergency treatment.

But if the injuries are life changing they may be liable for damages

System

However the bill is for cleaning up and not compensation I am not well enough versed in law to say whether this will be treated differently but it needs somebody more experienced than us internet barrack room lawyers with our interpretations to decide that.

I see it as if the council had not taken action then the vehicle driver/owner, regardless of the cause of the accident, would still be responsible for removing the debris such as bits of their car etc. and anything that their car has caused to obstruct the road or endanger any other road users.

Ozzuk

To the people saying we pay taxes for this...so what if you take out someone's garden wall - you expect them to pay? Pass bill onto insurers, or if you didn't declare it then pay it. Simples.