With distracted driving causing a dramatic rise in ‘swerve to avoid’ crashes, Claims Management & Adjusting (CMA) has welcomed a clarification by the UK Information Commissioner’s Office (ICO) that <%$Linker:2 External <?xml version="1.0" encoding="utf-16"?><dictionary /> 0 0 0 oLinkExternal traffic flow CCTV Visit Highways England website false http://www.englandhighways.co.uk/hazards/the-careless/ false false %> is not personal data.
In a stance criticised by drivers, fleet operators and insurers,8101 Highways England has apparently used the Data Protection Act to justify the deletion of footage after only seven days, even when it might prove liability in a serious accident. It has also cited the cost of storing the recordings.
According to CMA managing director, Philip Swift, a former police detective, law abiding road users should also be concerned about the sharp increase in swerve to avoid incidents and the legal, financial and administrative headache which frequently ensues.
Swift says that in incidents such as those where a driver crashes into the barrier after taking evasive action to avoid a driver veering towards him, it is often the victim who is pursued, completely unfairly, for the barrier repair costs, while the negligent party is never traced.
“Including any relevant CCTV with these claims from the start would help ensure it is the truly at-fault who pick up the bill, rather than the victims of distracted driving or the taxpayer. In light of the ICO’s advice, surely it is time for Highways England to retain and make this footage available to insurers?” he concludes.
In a stance criticised by drivers, fleet operators and insurers,
According to CMA managing director, Philip Swift, a former police detective, law abiding road users should also be concerned about the sharp increase in swerve to avoid incidents and the legal, financial and administrative headache which frequently ensues.
Swift says that in incidents such as those where a driver crashes into the barrier after taking evasive action to avoid a driver veering towards him, it is often the victim who is pursued, completely unfairly, for the barrier repair costs, while the negligent party is never traced.
“Including any relevant CCTV with these claims from the start would help ensure it is the truly at-fault who pick up the bill, rather than the victims of distracted driving or the taxpayer. In light of the ICO’s advice, surely it is time for Highways England to retain and make this footage available to insurers?” he concludes.
