Claiming for damage

[solo2]

I’m unsure what my next step should be as this guy is full of b*llst and not being a gentleman and sticking his hands up and making good damage caused by his workforce.

Scenario is his workforce caused damage to one of my vehicles which was parked on my driveway at the time. I’ve asked him provide me with details of his Public Liability insurance but he’s not forthcoming. He’s not refusing but then he’s not offering the details requested. He’s appearing to stall or just plain trying to get out of taking responsibility for what has happened. On the phone he’s making all the right noises but not actually giving me the details when promised. He's so far failed to arrive at several attempts by me to sort this.

He’s not the main contractor on the job but fortunately for me the owner of the main contracting company just happened to be talking to me when the incident occurred so there is no disputing that it actually happened. Can/could I go through the main contractors Public liability insurance company or would they not want to know? Likewise is there a register of who’s insured with whom like there is for car insurance?

Falling that, can I report him for criminal damage (a bit extreme and tenuous I think!) and/or issue small claims proceedings to make him pay up? I just want my car put back to how it was and I’m not trying to be unreasonable. I could really do without this hassle right now.

[Vaud]

I'd make it the problem of the main contractor. They will have subcontract terms to cover them in the event of loss. They also control the subcontractor - ie.. if they pay them or not. You don't.

[solo2]

I've already said to the main contractor I'd be looking to him if his sub doesn't play ball. He just said he'd sort it but yet nothing still happens.

So back to my question can I claim on the main contractors public liability insurance then?

[Vaud]

If you want to play slightly harder ball then a polite "letter before action" asking for their insurance details or you will seek to claim your losses directly from them (you might want to get a garage quote), with 7 days to respond?

Doesn't commit you to anything, but might trigger some action if they are hoping you will go away.

[Blue Oval84]

^This, just send him the letter and then issue a summons to court if he doesn't play.

[Red Devil]

solo2 said:

I've already said to the main contractor I'd be looking to him if his sub doesn't play ball. He just said he'd sort it but yet nothing still happens.

So back to my question can I claim on the main contractors public liability insurance then?

Why wouldn't you? You have no contractual relationship with the sub-contractor.

IANAL but my understanding is that in the normal course of business the main contractor is responsible for the actions of their employed sub contractor, if the sub contractor causes damage to a third party then the third party claims off the main contractor who can then claim back from the sub contractor.

You are the TP here.

[Vaud]

Red Devil said:

Why wouldn't you? You have no contractual relationship with the sub-contractor.

IANAL but my understanding is that in the normal course of business the main contractor is responsible for the actions of their employed sub contractor, if the sub contractor causes damage to a third party then the third party claims off the main contractor who can then claim back from the sub contractor.

You are the TP here.

Hence my advice.

[solo2]

Thank you. I shall talk to him with that effect next time I see him. I just wanted to be sure of what I was thinking beforehand.

Cheers

[solo2]

To conclude this thread, main contractor paid out agreed funds for which I can get repairs carried out.

Took a lot of effort and was beginning to think I was flogging a dead horse but finally it's sorted.

[DaveH23]

solo2 said:

To conclude this thread, main contractor paid out agreed funds for which I can get repairs carried out.

Took a lot of effort and was beginning to think I was flogging a dead horse but finally it's sorted.

This sounded like a whole lot of trouble.

Is this not why we have insurance so they do the donkey work on your behalf?

Should you not have claimed via your own insurance and they chase and recoup the costs via his public liability hence minimal stress to you?

[solo2]

Car was parked on driveway, car insurance people wouldn't have been interested and there's also the matter of I didn't need the claim logged against me as it would have meant my premium come renewable would have cost more. It need to solely go through his public liability but he wouldn't tell me the details.

[DaveH23]

solo2 said:

Car was parked on driveway, car insurance people wouldn't have been interested and there's also the matter of I didn't need the claim logged against me as it would have meant my premium come renewable would have cost more. It need to solely go through his public liability but he wouldn't tell me the details.

So at renewal time when they ask the question 'have you had any claims or losses in the last X amount of years regardless of fault' how would you answer?

Genuinely interested as never had a scenario as yourself.

From what I have read on here over the years and every single insurance policy I have ever had they will want to know regardless.

[roofer]

On the other side of the coin, there are a lot of spurious claims from residents regarding damage. The first port is always the main contractor, they hold ultimate responsibility .