Coulsdon Bridge strike

[RedPostJunc]

I'm sure this topic must have been covered already, although not the specific example I'm about to quote. If it has, can somebody point me to where it was covered.

According to RAIL, the lorry driver of the Coulsdon bridge strike in July was fined £715 and given a six month ban.
RAIL goes on to quote Katie Frost, Network Rail's Route Director for Sussex, "The fine and ban won't make up for the costs of disruption".

Are Network Rail able to claim the costs of inspecting the damage and any repairs needed from the driver's insurance policy? Can the affected TOCs claim for any additional costs due to service disruption? If not, why can't they?

 

[fishwomp]

Yes, NR can recover the costs and section 8 (to pay the TOCs)
From this PDF:

https://www.networkrail.co.uk/wp-content/uploads/2020/11/Bridge-Strikes-Risks-Consequences-and-Costs-2020-accessible.pdf

those Section 8 costs can be huge..

 

[390136]

TOCs get paid by Network Rail for any infrastructure delays, it's up to Network Rail to try get that money back somehow.

 

[RedPostJunc]

Thank you all for replying.

The quote from Katie Frost, Network Rail's Route Director for Sussex, seemed odd, as the fine money goes into the legal system and does not get paid to Network Rail.

 

[furnessvale]

Having said all the above, isn't there a maximum liability an insurance company will accept when it comes to paying out on damage claims? Indeed, in the UK there is no legal requirement for a road vehicle to be insured for anything more than 3rd party personal injury.

Who knows, are unscrupulous hauliers running under 3rd party RTA insurance only? With a huge claim they would simply bankrupt the company leaving the debts behind.

Puts me in mind of the Sharpness bridge disaster, where the maximum insurance liability under maritime law was nowhere near enough to cover the damage, hence the line was closed instead.

 

[stuving]

Having said all the above, isn't there a maximum liability an insurance company will accept when it comes to paying out on damage claims? Indeed, in the UK there is no legal requirement for a road vehicle to be insured for anything more than 3rd party personal injury.

Not so - look it up at any company offering it.e.g.

At the very least, you need commercial vehicle Third Party Only (TPO) insurance with minimum limits as required by law under the Road Traffic Act 1988: £1.2 million for third party property damage and unlimited cover for death or injury to a third party.

 

[furnessvale]

Not so - look it up at any company offering it.e.g.

Thanks for that. My knowledge of traffic law is very dated.

However, you do highlight the limited liability element of damage compensation which, at £1.2m, would not necessarily go very far in a major bridge bash such as the recent one at Ketton.