Council refuses to pay up after bin lorry crash

COUNCIL insurers are refusing to pay out £2,000 to a motorist whose parked car was hit by a bin lorry – because the road was icy.

Warehouse supervisor Mark Jones found a note which read 'bin lorry hit car' on his windscreen after the crash which left his bumper and wing panel hanging off and lights not working.

But city council insurer Zurich has rejected the claim after arguing the road was icy.

Motoring and insurance experts today expressed their amazement at the decision, saying it is unheard of to reject a claim based on weather conditions.

Mark's car, a 13-year-old Mitsubishi FTO, was hit by the bin lorry outside his house on Hamilton Road, Normacot, at 7.45am on December 19.

Binmen left a contact phone number and Mark sent quotes for the damage.

But Mark – who had third party insurance – now faces having to fork out for the damage himself after the council rejected his claim.

The 24-year-old said: "I couldn't believe it when I saw the state of the car. I've had to use it since because I work in Stone and can't afford to repair it myself, but it's getting rusty where the paint is scratched and starting to fall apart.

"It seemed the council had admitted responsibility and I assumed it would all go through insurers fine.

"It wasn't a bin collection day on our street and if there was any ice the council should have gritted so either way they should take responsibility and pay up from their own pocket even if their insurance refuses to fork out."

A council spokesman said: "We are sorry to hear of this accident but our insurers have not accepted the claim. This is because there was no negligence on the part of our driver who was driving very slowly, carefully and cautiously in icy conditions."

But AA officials say careful driving is not a reason to refuse a claim. A spokesman said: "No-one intentionally has an accident and crashes happen despite people's best efforts. The insurers are skating on very thin ice. I've never seen that reason used before. The fact that it was too icy doesn't make any difference – you can't claim off God for providing bad weather."

Paul Biggs, Staffordshire representative for the Association of British Drivers, said: "Icy roads are not an excuse. If this went to court I think it would go the driver's way."