Hedge trimmings caused accident
I was riding along a rural road between two villages. All of a sudden I was confronted by debris being spewed in my direction over a hedge from a field to my left. I came off and ended up in the hedge on the other side of the road picking up some nasty injuries along the way. To cut a long story short we have got to the position that the farmer’s insurer says it cannot identify whether the hedge cutting /mulching machinery belonged to it or a third party contractor so have directed me to claim against the Motor Insurers Bureau. But my solicitors says they cannot do that as the accident was contributed to by a vehicle on private land. Are they right as it seems very unfair that I don’t get compensated!
Robin, by e-mail
Answer
This is an intriguing one with many possible outcomes!
The Motor Insurers’ Bureau (MIB) used not to have to compensate if an accident happened on private land which they could try and argue in your case as although you were on the road, the farm vehicle was not. However, they now have to compensate for private land accidents due to a UK court ruling in line with European Court decisions. The MIB has permission to appeal the recent decision so for the time being I would press the farmer to provide details of contractors that day to identify the vehicle and its insurer. Failing which, the farmer’s public liability insurer could be in the frame. It is often the case that farmers use the same insurer so that may make it easier. Your fall-back position should be the MIB assuming the recent decision stands.
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