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Public Liability Insurance Question

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  • Public Liability Insurance Question

    I’m after some help regarding a public liability insurance policy. I think I understand it but I’d just like a second opinion to make sure (see attached file).

    The vehicle is an electric fork lift truck. From my understanding it is insured as a tool of the trade. As per ‘Additional exclusion to section B’, 5, iv. As long as the damage/accident is beyond the limits of any carriageway or thoroughfare and the damage/accident is caused by loading or unloading a vehicle or trailer.

    So for example. If the driver of the forklift dropped a load in the loading bay you would be covered. But if the driver of the forklift dropped a load while unloading it in an area which staff and/or the public walk through you would not. Or if the driver of the forklift drove into a member of the public’s car in the retail car park that also wouldn’t be covered.
    Attached Files
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  • #2
    Fork lift trucks being driven in an area to which the public have access are required to have at least Road Traffic Act Insurance.
    RTA insurance covers for personal injury unlimited and property damage £1000000
    However I would expect any company using such trucks in such an area to have at least full third party coverage.

    So this policy does not cover liabilities which need to be insured according to the RTA, (basically because there should be a separate insurance policy for those risks and this policy is not designed to cover those risks)

    The examples you give: loading bay with no public access: PL coverage operative
    area to which public have access, no PL coverage arising from use of the vehicle
    car damaged in park to which public have access...no PL coverage from this policy
    Care to tell us more.... we're a nosey bunch

    Comment


    • #3
      Thank you for your reply. It has been very helpful. Please accept my apologies for the very late reply.

      Unfortunately I can't say anymore at this stage. I will update when I am able.

      Are you able to point me in the direction of the legislation which applies here? I've read a lot on this and there is a lot of conflicting advice. I can't seem to find any legislation which specifically states it and I need to be able to show a court the legislation. For example, I have read that it is only 'highly advisable' to have a separate insurance policy for use around the public unless you are on the road. If it is over a 1000 yards the forklift must also meet extra requirements, tax, lights etc. The area concerned is private land if it makes a difference?

      Comment


      • #4
        Road Traffic Regulations Act 1984 section 142 defines road”—in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes,"
        Road Traffic Act 1988 Section 1 to 6 refer to ""on a road or other public place" A public place is a place to which the public have access.

        Road Traffic Act 1988 sec 143: (a) a person must not use a motor vehicle on a road [or other public place] unless there is in force in relation to the use of the vehicle by that person such a policy of insurance.................
        (b)a person must not cause or permit any other person to use a motor vehicle on a road [or other public place]unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance..................

        Comment


        • #5
          Thank you for your help and time. You've made my day!

          Comment


          • #6
            I've been trying to fit in a bit more research on this by reading up on relevant case law.

            I'm assuming in the case I can't just say "You can't use a forklift without insurance" without being able to back it up with the relevant case law. From my limited understanding the respondents lawyers best area of attack is to say it's not a 'motor vehicle' and it's not being used on a 'road or highway' and I will have to prove otherwise.

            My understanding in regard to 'motor vehicle' is the case most relevant is 'Vnuk v Zavarovalnica Triglav D. D. [2016] RTR 188'. From my reading there are other cases which somewhat confuse various areas of this. Namely 'Director of Public Prosecutions v King [2008] EWHC 447', 'Lewington v The Motor Insurance Bureau [2017]' and the appeal on the later. Forgive me I haven't got my notes with me. But from memory in those three cases they don't argue the definition of the vehicle but the cases are arguing what is the 'use of vehicles' on roads i.e. is being used on the road a normal use for a dumper truck. Therefore in my case 'Vnuk v Zavarovalnica Triglav D. D. [2016] RTR 188' would be the most relevant case law.

            Where I am struggling is on the other area. The definition of a 'highway' or 'on a road or other public place'. I can't find any relevant case law. Is that because RTA 1984 section 142 hasn't been challenged or my google searching skills are poor? What I'm hoping for is a case that clearly defines a private car park/customer access area as a road because the public have access regardless of the fact it is private land.

            I know this is very specific but I'm hoping someone can point me in the right direction or any direction that will help! Thank you in advance for any help.

            Comment


            • #7
              Don't understand why you are looking for case law.
              Definition of motor vehicle is RTA 1988 sec 185 https://www.legislation.gov.uk/ukpga...52/section/185

              I doubt any one would challenge the definition of a public place, hence there is no case law (Road Traffic Act 1988 sec 143)

              Care to say why you are researching this matter? It might make it easier to advise if we know the why

              Comment

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