What is a public highway?

kempstar

We unfortunately had an accident driving on the road leading out of an airport carpark, we hit a barrier with the side of the car and this has caused scratch damage to the doors.

This was a hire car. I purchased excess insurance but one of the exclusions is “losses arising whilst not driving on a public highway”.

The definition of public highway is “any road, made or unmade, that is intended for use by the general public”.

Would this be considered a public highway?

AdrianC

No. It's private land. There is no expectation of general access - access is restricted by barrier and by rules of access set by the landowner.

jimbo6977

Same as AdrianC - The barrier would indicate not.

Gloomendoom

I would still consider a claim as I suspect it is meant to exclude off-road driving. The worst that can happen is that they say no.

dld2s

But it is land for use and built for use by the general public is it not? Like Gloomendoom I think it's there to exclude any kind of driving off roadways not car parks

AdrianC

dld2s wrote: »

But it is land for use and built for use by the general public is it not?

No, it's land for use by the customers of the operator alone. Access is specifically excluded for those members of the general public who are not their customers.

Gloomendoom

Strictly speaking, I think Adrian is correct. I still think it's worth a go though.

dld2s

Usually car parks terms and conditions say they are open to members of the GP, yes there is rules attached and you become a customer, but does that stop you becoming a member of the GP? now i'll hold my hands up and say I don't know the legal standing and will bow to those that seem to know.


I still think in the OP's insurance problem it will still be covered though as a car has to be insured in a public place and surely a insurance company and hire car company would expect hire vehicles to be parked and using public places

Car_54

The OP said he was "driving on the road leading out of an airport carpark", which suggests he was not actually in the car park.

DoaM

OP also does not say they hit a barrier that had just risen to allow them to exit (i.e. barrier controlled car park) - responders to this thread have assumed this. (Probably correctly, but ... )

OP - if the thread responders have assumed correctly, was this the barrier to exit the hire company's car park?

kempstar

No - we were out of the car park, I dont even think there was a barrier. We we on the slip road exiting the car park, getting onto one of the main roads. The barrier was at the side of the road, like a crash barrier.