When you say not good law what is meant by this? I did cause the damage but that case shows that if it was not your fault then you should not have to pay? my insurance are saying this is there defence ? can the council come after me as an individual if my insurance company say they are not paying because of this case law ?
They don't have a CCJ at the moment but my insurance have stated that this is there defence to the local council. So they are not going to pay the claim made by the council in this matter. I don't understand, I pay my insurance to pay out on claims that I may have ... and then they say this is case law and that's it kind of... if they are saying they will not pay can the council come after me for a CCJ and then use that to get the money anyway seem odd? can you link the above bit you mentioned as I cant find it on RTA 1988?
sorry i'm not trying to get out of paying just don't understand why my insurance are not willing to pay due to this case law as a result - is there anything that has come after this is law? as the case they have looked at is to do with a flat tyre and not a blow out?