Contractors hit car at home - liability?
Discussion
Looking for some advice on a bit of a strange situation please:
We had some tree surgery work at home last week. This involved a team of 4 turning up in a couple of company vehicles and one in a car.
All was going well until one of the team had to get off the drive so one guy jumped into thecar, let him off my drive and then reversed back in. He got out, walked away and the handbrake was not on enough so the car rolled back into my wife's parked car. All caught on ring camera.
Heard the bang went out to have a look and there was a Peugeot resting on our Stelvio.
The guy was very honest, massively apologetic and said he would sort damage, left details etc. and promised he would cover it. Key point: this is not his car it was one of the other guys, he moved it as the car's owner was up a tree... I took him at his word that he would cover it but in my mind this is a company issue.
I email the company that evening with pics. I say it is very good that this employee is offering to cover it but questioned whether in fact this is a issue for them/their insurers as it has happened in the course of their work on my property and our contract was with them.
Today I receive an email from the company saying it's a private car, the guy who moved the car is liable so it's not their issue and here is your bill sir...
The damage is superficial, a bit of filling respray and blend and it will be fine (£00s not £000s) The only leverage I have is that we have not paid the bill yet. The Peugeot was pretty beaten up so no discernable damage.
Looking for some advice please on where liability sits in this circumstance and suggested action? Issues are it was not a company vehicle and it was moved/parked by not the owner so I assume not insured at the time? It doesn't sit comfortably going after some young guy who was asked to move a car whilst at work and the company washing their hands.
Thanks in advance
We had some tree surgery work at home last week. This involved a team of 4 turning up in a couple of company vehicles and one in a car.
All was going well until one of the team had to get off the drive so one guy jumped into thecar, let him off my drive and then reversed back in. He got out, walked away and the handbrake was not on enough so the car rolled back into my wife's parked car. All caught on ring camera.
Heard the bang went out to have a look and there was a Peugeot resting on our Stelvio.
The guy was very honest, massively apologetic and said he would sort damage, left details etc. and promised he would cover it. Key point: this is not his car it was one of the other guys, he moved it as the car's owner was up a tree... I took him at his word that he would cover it but in my mind this is a company issue.
I email the company that evening with pics. I say it is very good that this employee is offering to cover it but questioned whether in fact this is a issue for them/their insurers as it has happened in the course of their work on my property and our contract was with them.
Today I receive an email from the company saying it's a private car, the guy who moved the car is liable so it's not their issue and here is your bill sir...
The damage is superficial, a bit of filling respray and blend and it will be fine (£00s not £000s) The only leverage I have is that we have not paid the bill yet. The Peugeot was pretty beaten up so no discernable damage.
Looking for some advice please on where liability sits in this circumstance and suggested action? Issues are it was not a company vehicle and it was moved/parked by not the owner so I assume not insured at the time? It doesn't sit comfortably going after some young guy who was asked to move a car whilst at work and the company washing their hands.
Thanks in advance
The liability resides with the insurer of the vehicle that hit yours. If those concerned are less than cooperative then you'll probably have to report it to your own insurance and let them deal with the guilty party. Depending on the amount of damage it might be worth weighing the potential increase in insurance premiums, even in the event of a non-fault claim, against the cost of paying for it yourself.
MitchT said:
The liability resides with the insurer of the vehicle that hit yours.
Possibly tricky as the car rolled away but surely liability rests with the guy who moved it - and he’s unlikely to be covered by the insurance on that car. He might be covered by DOC cover on his own car - moving someone’s car is exactly what DOC cover was invented for.
Hugo Stiglitz said:
I'd use the bill as leverage. The guy was on his company time and working. How do you know that wasn't a company vehicle as well?
The other issue is is the bloke insured on said car if it isn't company linked?
I'd state the bill gets paid when they sort out the damage.
This would 100% be my approach too. It may not technically be the correct approach but it will get the matter resolved quickest. The other issue is is the bloke insured on said car if it isn't company linked?
I'd state the bill gets paid when they sort out the damage.
Raddors said:
I appreciate that's the standard answer and quite correct but I'm not particularly motivated to get stung over increased premiums for 2-3 years which will end up many times more expensive than simply paying to repair myself.
What I'm more trying to work out is if I was my insurer, who would I be going after? The individual who parked the car and didn't set the handbrake? The insurers of the owner of the car? Or the company?
My concern is the the owner's insurer will wash their hands as he let an uninsured unnamed driver move his car.
As has been said millions of times on here: even if you (or the tree feller) pay to have the repair done yourself - you still have to report it to your insurance company as an accident. Many have said it made no difference to their premium.What I'm more trying to work out is if I was my insurer, who would I be going after? The individual who parked the car and didn't set the handbrake? The insurers of the owner of the car? Or the company?
My concern is the the owner's insurer will wash their hands as he let an uninsured unnamed driver move his car.
Edited by Raddors on Thursday 30th May 06:59
Yes I know the whole declaring of "accident" has to be done at renewal that's been done to death on here a number of times over minor scratches etc.
I'm just trying to establish whether this is a company or individual liability issue given the slightly odd circumstances.
As I said the poor guy was told to move the car by his employer whilst on a job and because his colleagues car had a crap handbrake it ended up as it did.
I'm just trying to establish whether this is a company or individual liability issue given the slightly odd circumstances.
As I said the poor guy was told to move the car by his employer whilst on a job and because his colleagues car had a crap handbrake it ended up as it did.
Sheepshanks said:
Raddors said:
As I said the poor guy was told to move the car by his employer whilst on a job and because his colleagues car had a crap handbrake it ended up as it did.
Was it the boss who told him to move it?You employed a company to do some work. Whilst doing that work they damaged your personal property. It is of no concern to you who,how or why it got damaged, it is up to the company to sort it out. This is why all reputable companies have third party liability insurance.
I would not be paying the bill until the damage has been repaired and I certainly would not be reporting it my insurance company.
I have no idea if this is the correct, legal way of handling it but it seems the obvious way to me and it's what I would do in the circumstances.
I would not be paying the bill until the damage has been repaired and I certainly would not be reporting it my insurance company.
I have no idea if this is the correct, legal way of handling it but it seems the obvious way to me and it's what I would do in the circumstances.
Best hope the Peugeot doesn't have tools in it and the owner doesn't have SDP Commuting and Business Use.....Hopefully the owner does. And when the 3rd party insurer sees the footage and puts 2 and 2 together and refuses to cover the claim as the policy holder let someone else drive the car.......ooof.
If it's just 00's then I'd be inclined to get ti repaired privately, no need for insurers, and present the bill and footage to the 3rd party AND company and let them sort it out. Then just go via the money claim process to get it if they are unhelpful OR threaten to go through insurance and declare that the owner was not driving the car etc etc
If it's just 00's then I'd be inclined to get ti repaired privately, no need for insurers, and present the bill and footage to the 3rd party AND company and let them sort it out. Then just go via the money claim process to get it if they are unhelpful OR threaten to go through insurance and declare that the owner was not driving the car etc etc
Edited by TimmyMallett on Thursday 30th May 10:07
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