shared private road

rs65

elGringo wrote: »

The way I think it would work is that if a pot hole appeared in the shared part and someone had a fall and decided to sue, they would sue all home owners jointly. Each home owner would be liable for an equal proportion of any damages.

I'm not sure that's how it would happen. I think all owners would be sued jointly and severally. A claimant would go after all for, say, £1,000 rather than each of ten owners for £100 and maybe only 3 pay up. The UK legal system favours the injured so they could go after the one most likely to pay for the full amount and leave that one to recover shares from the others. The one most likely to pay is the one with insurance. You think you are asking an insurer just to insure your risk but in reality you are asking them to insure all.

Its not difficult - I've seen it done for joint reservoir owners so can easily be done for a road.

jonesMUFCforever

OP why was this not sorted out by your solicitor when purchasing the property?

elGringo

Hi,

Dangermac, what you say makes perfect sense (after googling about joint and several liabilities etc) so thanks (and everyone else)!
I just need to find an insurer who would provide a policy for my liability for the whole road ...so far insurers i have spoken with either say they don't deal with this/have never heard of this kind of insurance before or they stipulate the only option is to take out insurance in the name of all those responsible for the road.

Dangermac

elGringo wrote: »

Hi,

Dangermac, what you say makes perfect sense (after googling about joint and several liabilities etc) so thanks (and everyone else)!
I just need to find an insurer who would provide a policy for my liability for the whole road ...so far insurers i have spoken with either say they don't deal with this/have never heard of this kind of insurance before or they stipulate the only option is to take out insurance in the name of all those responsible for the road.

There are a few insurers who have specialist policies for this type of insurance. Thistle Insurance have a product. I believe that Commercial Express do also. These are broker-issued policies as far as I know, so best speak to a broker.

Other insurers can possibly also issue policies for this


I would suggest speak with a mid-sized Commercial Broker, who sound knowledgable when you speak with them.

Premium - possibly around £300-£500, depending on cover/history etc.

DM