Small car crash in private road

[Brewster0101]

Last night (15.05.2010 @ 8.00pm) I was driving down my drive way to go home, which is a private road to some flats and a young lad had just used the road to turn around and coming out hit me. I had stopped as I saw him but he was going to fast to stop or didn't break quick enough.

My car suffered no damage, but his was a Punto with body kit and the front body kit was ruined and also has pieced his radiator. We exchanged numbers and names. I didn't make a big deal of it as my car fine, I was more annoyed he had used the drive way to turn around when there is a sign at the entrance stating 'PRIVATE ROAD, NO TURNING'

Anyhow 24 hours later, the driver called me and claimed the damage to his car was £300 and wanted to come up with an agreement for me to help him pay for it. I said 'NO' and told him if he wanted to pursue it , he would have to call the police to get a incident number first so he could pursue it with the insurance company.

I then called the police for advise and report it. They said they wouldn't be involved as it was a clearly marked private road. Also they were kind enough to advise an insurance company wouldn't get involved as it was private road. I don't think this lad will contact insurance company anyhow as he was only 18.

My only thoughts are now, what if his friends that were in the car (2) lie about being injured or something. Has anyone had experience with this kind of thing?

[bobjugs12]

The only thing I can offer is to say that Insurers are tight-arrses who will not pay out without 100% confirmation.

If this lads mates lie and claim injury then your insurers will demand doc's notes, medical reports, and accident investigation.

I'd contact your insurance company to advise them of whats happened and explain there was no damage to your motor, then forget about it.

As for matey-boy and his chav mobile. You can sleep soundly tonight knowing there's one less t0sser on the road tonight!

[chas2008]

from my understanding private roads like car parks are still covered by normal rules where insurance is concerned. .
Wonder if the driver of the Punto has mentioned his bodykit to his ins.co. ?

[DrFilth]

Brewster0101
is there any bits of plastic etc on this private road from the damage of his car
if there is, take a picture so you can prove it happened at that spot.

[flip_flop]

The police are wrong. the same rules apply whether the road was private or public.

[Brewster0101]

Hi all, thanks for the input. Yes there was a bit of debri from his car, I took photos and picked it up so not to damage any ones tyres. Also there are marks where he locked his breaks on the loose gravel.

Private road that does not have access for the public does not fall under the high way rules. Because there is a sign stating clearly its private road and also there is no public right of way, (ie pavement, path) , then this is deemed as not part of the highway. I am though clarifying this with the management of the building we live in.

I doubt he has declared his body kit to his insurance company. 18 year kid, 15 year old Punto, not worth the insurance premium to someone who has limited funds.

[DrFilth]

take a picture at the start of the road, ie private road

[Brewster0101]

will do, although quite clear even on google street view the sign, its a big white sign with black print.

[DrFilth]

you should have no problem, but just keep them handy

[woofgang]

private roads are the same as carparks, your insurance still operates, the highway code/law may not eg you can drive under age and without insurance on private land.

Its best to give your insurance co a call and tell them what happened, write everything down and do a diagram so you have a record.

[Brewster0101]

Spoke to insurance and asked them an they said its a civil matter. Because the accident is on private land and the other driver did not have permission to be on the land then they would not get involved. This is what the police said too.

So if the other driver wanted to, he can take me to civil court for damages or injury. Other passengers that may of been injured would have to claim against the driver of the vehicle there were in, unless the other driver was found guilty. Because the other driver was on private land, had ignored the private road sign, then he basically would not have a leg to stand on.

Good thing my car wasn't damaged, as it would be my word against him in a civil court and that can take forever.

[Brewster0101]

Just to clarify for people who look here. If you have a car accident on private land that is not for use by the public in any way, the land is clearly marked as private (like mine) then you can only claim on your own insurance if you are fully comp. You can't claim on the other driver (if there is one).

So if you pulled into a farm yard and got hit by the tractor, then you have no leg to stand on. You can't claim against the farmer, even if you were injured (unless is was intent)

You can pursue through civil court, but they will apparently throw it out.

[redcrx]

so if you had been hit by the car of another resident, and had your car damaged then youd just happily claim on your insurance and not worry about the fact that theyve caused damage to your car?

i think you should just let your insurers deal with his and fight it out, thats what you pay them for

[cherrychapstick]

if he hit you then his pals lie about being hurt then it will be his insurance that will have to pay out so you have nothing to worry about as far as i can see i would inform your insurance though (you are supposed to even if you are not claiming )

[Brewster0101]

to answer your note redcrx. The residents have permission to be on the land as they are residents. People visiting residents also have permission, as does the mail man etc etc. So depending on insurance you would be covered under those circumstances. Insurance companies will try and not pay though, but they should if you push.

People who are on the land without permission are not covered as they have no legal right to be there. Insurance companies recognises this fact and won't get involved in claims against other people.

[flip_flop]

Nowhere in your policy (any policy) will you find that cover does not apply on private roads.

Further, the Road Traffic Act extends to situations to land to which the public has "access". Having access is different to having permission.

So, if an accident happens on a private road insurers most certainly can become involved.

[Garmard]

You cannot claim off insurers on a private road, furthermore, if they lie about being injured they run the risk of perverting the course of justice which is in itself an inprisonable offence.

[Brewster0101]

flip flop. Police and LV insurance seem to disagree with you today.

Think, if you drove your car onto Salisbury plain because you could and ignored the private land signs and then got hit by a military vehicle doing routine training, you would not have a hope of claiming of the MOD for this.

If you drove behind a tractor on a farm that then hit you, you have no leg to stand on - regardless if the tractor driver is at fault.

Private land with no public right of way is PRIVATE. You are trespassing if you are on this land. If you have an accident while trespassing you have no legal leg to stand on. Highway does not cover this land - Police acknowledge this and won't get involved, insurance company acknowledges this and won't get involved.

Civil court is the only place that will get involved.

Private land with public access if different (ie a car park)

[chas2008]

farms & salisbury plain is slightly different,this is a bit of a grey area, it maybe a private road but unless its gated/fenced there is still public access, how else do people get to the flats ? visitors or otherwise. Also if the vehicle was stolen or vandalised on this 'private road 'it would be covered under your policy so why not a collision ?

[flip_flop]

Both the police and LV are wrong.

[Brewster0101]

If you haven't told your insurance company where you park your car (ie garage, drive way, road) at your address then No you are not covered for theft or vandalism. If I had told my insurance company I park my car in a garage and it got stolen from the Road at my home address, then the insurance company can refuse to pay up. I have to state that my car is park on private grounds , off road.

Its hard to explain the entrance to the private road I am referring to in my query. But its a thin narrow lane, wall on one side, trees on the other. On the entrance to the road it clearly states it private and no public access. No gate though, this would cause too much hassle for the residence. There is no pavement, nothing at the end of the road apart from flats. No walk through.

Police officer I spoke to last night knew the area and road and was quite clear that it was not part of the highway. I spoke to the building owner this morning too and they clarified that this has happened before and neither driver could claim from the others insurance. This is when they put up the sign to state private property.

Anyhoo, I guess I will see if this lad will contact me again. But I think he was trying to get me to pay for mistake as he couldn't afford it. I don't think he has a claim.