Private Road Insurance

As the owner of a private road, you have a responsibility to maintain it in a safe condition.

This includes the road surface itself, any footpaths that run alongside it, and any communal parking areas. Failure to maintain your property could result in costly claims for injury or damage to third parties or their property.

To protect yourself and your business against these potential liabilities, it is advisable to consider purchasing private road insurance.

This comprehensive coverage will safeguard you against claims for personal injury, property damage, and associated legal expenses.

Common Road Insurance Claims:

• A member of the public trips on a defect on your road or pathway and injures themselves.

• A car damages a wheel when hitting a pothole.

• A vehicle loses control on a slippery road surface and collides with another vehicle.

In the absence of insurance, any claims like this could be costly.

How much does private road insurance cost?

Our minimum premium for road insurance is just £175 (plus insurance premium tax), based on a road covering up to 5 acres with an indemnity limit of £1 million.

By investing in private road insurance, you can protect yourself from the financial burden of potential claims and maintain peace of mind knowing that you are adequately protected against related third party claims.

If you want to find out your private road insurance cost why not get a quote?  It will usually take you less than a couple of minutes to get a quote and buy a policy.

What is a private road?

Under the Highways Act 1980, a private road, also known as an "unadopted" road, is any road that is not maintained at public expense.

The legal intricacies surrounding the maintenance and adoption of private roads in England and Wales can be intricate. However, essentially, there exist two primary categories of private roads:

1. Private streets: These are privately maintained roads where the public has a legal right of passage. In the event of repairs being required on a private street, the local authority has the authority to undertake the necessary work under the Highways Act 1980 and charge the residents for the expenses incurred.

2. Private roads: These are roads where no public right of passage exists. Residents are solely responsible for maintaining these roads. Unless registered, these roads must be gated at least once a year to restrict through traffic, although this is typically the case throughout the year.

It is important to understand the distinction between these two types of private roads, as the implications for maintenance, liability, and public access differ significantly.

How do I know if a road is private or publicly maintained?

You can use the 'FindMyStreet' service to find out who is responsible for maintaining a road or a street. It is easy to find your road and details of the maintaining party.

Who is responsible for maintaining a private road?

The responsibility for maintaining a private road lies squarely with the owners of properties that front the road, also known as "frontagers."

The local highway authority is not obligated to finance the maintenance of private roads, leaving the burden on the frontagers to ensure the road's upkeep.

In the event of a safety hazard on a private road, the local street works authority can invoke its statutory powers to compel the frontagers to undertake the necessary repairs. If the frontagers fail to comply, the authority can undertake the repairs themselves and recoup the expenses from the frontagers.

However, frontagers are not entirely without recourse. In specific circumstances, they can challenge the authority's demand for payment for repairs carried out on the private road. Unsettled objections will be brought before a Magistrate's Court, which will determine whether the authority has the right to demand payment. If a homeowner disagrees with the Magistrate's ruling, they can appeal to the Secretary of State for Transport.

This intricate legal framework ensures that the cost of maintaining private roads is borne by those who benefit directly from their use, while also providing a means for frontagers to seek fair and equitable treatment.

What are the insurance implications for not maintaining a road?

Your insurance policy will contain a condition that you should 'make good or remedy any defect or danger which becomes apparent and take the additional precautions that the circumstances may require'. Failure to do so could invalidate your insurance.

Is private road insurance compulsory?

There is no legal obligation to insure a private road but it’s definitely a good idea – especially if you want to avoid being held liable in the event of an accident.

Taking out private road insurance should give you peace of mind and protection from expensive bills in the event of any claims being made.