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Old 17 October 2006, 10:41 AM
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Legal Eagle
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Only if the Highways Agency was negligent will you stand any chance of recovering any losses. If, for instance, they had received a report of debris on the carriageway and had failed promptly to remove it, you may be able to demonstrate a failure in their duty. If there were no such reports, and they may of course tell you that there were none, you must look to your own insurers (after all, that's what they are there for) for the costs of repair.

Remember, the system works on a fault-based level. No fault, no compensation.

First step maybe is to do a Freedom of Information Act enquiry of the HA and ask if there were any reports of debris in the carriageway. Do not refer to the extreme outside lane as the fast lane. It is not.