Advice on my friend's legal position.

19 replies
Found 13th Apr 2009
Hi, I'm not sure this is the best forum to ask this, but then again, I know you lot are a clever bunch, so here goes...

My friend was driving along the other day, when he reached an island. He proceeded around it in a normal manner, however, someone/something had spilt diesel or oil over the road surface, unbeknown to my friend. As such, he skidded off the road, over the central reservation and into a fence. The car is a write-off. The police were called to the accident, they acknowledged that the incident was not his fault, as did another driver who also nearly crashed(in fact, she nearly hit the police officer). Despite this, the insurance company maintain as far as they're concerned, it was my friend's fault, and as such he is required to pay the full excess. Fortunately, no-one was injured, but I was just wondering if anyone could advise on where he stands legally?

Thanks in advance

Greg

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19 Comments

Banned

he has to claim from his own insurance, so therefore they see it as his fault

sassie;4911663

he has to claim from his own insurance, so therefore they see it as his … he has to claim from his own insurance, so therefore they see it as his fault



+1

He is claiming on his own policy so has to pay excess

dont they have some kinda 'act of god' thing to put pure accident type mishaps under....and the way i read it, i can see why they blame him...there was no other cars involved, so the easiest person to blame is him. Not too sure where he stands froma legal POV though...did the police make a record of the accident? perhaps he could refer to the opinions of the police?

Original Poster

lil_tiger;4911693

dont they have some kinda 'act of god' thing to put pure accident type … dont they have some kinda 'act of god' thing to put pure accident type mishaps under....and the way i read it, i can see why they blame him...there was no other cars involved, so the easiest person to blame is him. Not too sure where he stands froma legal POV though...did the police make a record of the accident? perhaps he could refer to the opinions of the police?



He has been given a police accident number, so I presume it is on record.

lil_tiger;4911693

dont they have some kinda 'act of god' thing to put pure accident type … dont they have some kinda 'act of god' thing to put pure accident type mishaps under....and the way i read it, i can see why they blame him...there was no other cars involved, so the easiest person to blame is him. Not too sure where he stands froma legal POV though...did the police make a record of the accident? perhaps he could refer to the opinions of the police?



If a tree flattened the car in the night - and he claimed on the insurance he would still have to pay the excess... they don't really mean it was his fault that the tree fell over - or that it was his fault there was a spill on the road...

Banned

lil_tiger;4911693

dont they have some kinda 'act of god' thing to put pure accident type … dont they have some kinda 'act of god' thing to put pure accident type mishaps under....and the way i read it, i can see why they blame him...there was no other cars involved, so the easiest person to blame is him. Not too sure where he stands froma legal POV though...did the police make a record of the accident? perhaps he could refer to the opinions of the police?



yes they do, but he would still need to claim on his insurance and pay the excess - lol

Original Poster

DAMNOME;4911723

If a tree flattened the car in the night - and he claimed on the … If a tree flattened the car in the night - and he claimed on the insurance he would still have to pay the excess... they don't really mean it was his fault that the tree fell over - or that it was his fault there was a spill on the road...



Ok, I can see that, but in your example the tree falling over wasn't anyone's fault, but in this instance, someone did spill something, and whoever is in charge of maintaining the roads didn't clear it up. Surely part of the blame should be apportioned to them (whoever they are).

Banned

so if he dodged a cat on the road and hit a tree, what is he gonna do, insurance covers you for when their is noone else to claim from, thats why you have it, as for blaming the highway department you can only do that is they are aware of the oil on the road

Banned

if the car is a write off they won't have to pay the xs but it will be deducted from the payout. it is unfortunate as it will also affect (depending on the policy) the no claims discount, which is never good as the ins keeps going up

i agree its not fair, but i also feel for the vandelisim people also, as its not there fault but are also penalised for having to make a claim

like you said at least no one was hurt and i just hope the xs is'nt to high to affect the payout

x

Greg136;4911759

Ok, I can see that, but in your example the tree falling over wasn't … Ok, I can see that, but in your example the tree falling over wasn't anyone's fault, but in this instance, someone did spill something, and whoever is in charge of maintaining the roads didn't clear it up. Surely part of the blame should be apportioned to them (whoever they are).



Yes - I agree,
But he will have to claim off them.
Instead he is claiming off his insurance policy - that has an excess on it.

Original Poster

sassie;4911784

so if he dodged a cat on the road and hit a tree, what is he gonna do, … so if he dodged a cat on the road and hit a tree, what is he gonna do, insurance covers you for when their is noone else to claim from, thats why you have it, as for blaming the highway department you can only do that is they are aware of the oil on the road



Yes, you can't claim from a cat lol, but don't the local council have any responsibility over the "roadworthiness" of the road?

Original Poster

DAMNOME;4911817

Yes - I agree,But he will have to claim off them.Instead he is claiming … Yes - I agree,But he will have to claim off them.Instead he is claiming off his insurance policy - that has an excess on it.



Right - so does anyone know if in this situation he has any legal recourse against the council (or whomever).

the insurance companies always used to say "its no claim, not no blame"

Banned

Greg136;4911832

Yes, you can't claim from a cat lol, but don't the local council have any … Yes, you can't claim from a cat lol, but don't the local council have any responsibility over the "roadworthiness" of the road?



yes, if they where aware of it, you can't hold them responsible if they werent

sassie;4911872

yes, if they where aware of it, you can't hold them responsible if they … yes, if they where aware of it, you can't hold them responsible if they werent



Agree - if you can prove they new it was on the road and they did nothing - good luck there.

Or even find the person that caused the spill...

Either way it sounds pretty fruitless

Original Poster

Ok, thanks a lot guys!

As already stated, the local council would be liable for the diesel spill but only if reported and again you could try and recover the claim from the vehicle that spilt it but no-one is going to come forward.
This is a common problem for motorcyclists, they are easily affected by even minor spills but very seldom get any help catching the culprits...

Van driver and lorry drivers seem to be completely oblivious to this problem and most nights coming out from work near an Asda filling station there are trails of deisel round the roundabout, a couple of weeks ago I saw a flat bed with a rag stuffed in the fuel tank!...:whistling:

Aren't insurance companies wonderful? Pay all that money in and can we get any out when we need to??

I'm glad your friend is safe and the accident wasn't a much worse one. x x

Sounds like he was doing a bit of speed or a substantial amount of diesel, TBH hes lucky he wasn't sited for it.
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