Wind damage from scaffolding....who's liable?
Discussion
Hi
I live in a small block of apartments managed by an estate management company. This company recently instructed some builders to repair some damage to the roof from the previous bad weather, and so scaffolding was put up about a month ago.
As you can probably guess, I woke up this morning to find a large plank of wood from the scaffolding has landed plum on my bonnet, causing a fair bit of damage.
My car was parked in the resident's car park which is surrounded by our communal garden, but the odd thing is that none of the flower pots, tables & chairs were affected by the wind!
Do you think the estate management company is liable for the damage to my car?
Or will I simply have to grin and bear it, and claim through my insurance, or just foot the bill myself?
Thanks.
I live in a small block of apartments managed by an estate management company. This company recently instructed some builders to repair some damage to the roof from the previous bad weather, and so scaffolding was put up about a month ago.
As you can probably guess, I woke up this morning to find a large plank of wood from the scaffolding has landed plum on my bonnet, causing a fair bit of damage.
My car was parked in the resident's car park which is surrounded by our communal garden, but the odd thing is that none of the flower pots, tables & chairs were affected by the wind!
Do you think the estate management company is liable for the damage to my car?
Or will I simply have to grin and bear it, and claim through my insurance, or just foot the bill myself?
Thanks.
If the scaffolding has been out up to repair previous damage, then it could be argued that they would (from forecasts) have know more bad weather was to follow and should have ensured it was safely erected to withstand expected conditions.
If you intend to pursue the scaffolding company then I would suggest that you go and have a look for the 'scaf tag' and see if it's inspections are up to date, if not then take a picture of it as this will help your case.
If you intend to pursue the scaffolding company then I would suggest that you go and have a look for the 'scaf tag' and see if it's inspections are up to date, if not then take a picture of it as this will help your case.
on an otherwise mint car.Vulgar LS2 said:
CO2000 said:
Welshbeef said:
Thank god you or anyone else wasn't walking below as said plank fell
Last year I watched a safety training video that re-enacted this happening and hit a passerby killing them!
If I were OP I'd be demanding that the scaffolding structure is made safe first and foremost as there could be more to fall or just hanging on now. As annoying as the car damage its a machine which will be repaired
CO2000 said:
Last year I watched a safety training video that re-enacted this happening and hit a passerby killing them!
Is that the one that tenuously links the phone call to the lack of attention being paid on the job? Man answers phone call at work, some time later scaffold board falls off & kills jogger, phone kills jogger.Many of the H&S films remind me of the Yes, Minister joke, "All cat's have 4 legs, my Dog has 4 legs, therefore my Dog is a Cat."
Thanks for all the help so far.
Despite being mightily p*ssed off about the whole thing, I am aware that someone, not just me, could have been hit by the plank, and at the end of the day, it's only a car, know matter how much I like it!
Already got a quote for damage, and Estate Management company have said either I claim off scaffolding company through insurance, or come to an arrangement with them.
It has been over ten years since I claimed on car insurance....am I right in thinking that if it's a no-fault claim, any excess that I have on my policy will be recovered from the scaffolding company public liability insurance?
Also is it likely to affect my renewal adversely?
Despite being mightily p*ssed off about the whole thing, I am aware that someone, not just me, could have been hit by the plank, and at the end of the day, it's only a car, know matter how much I like it!
Already got a quote for damage, and Estate Management company have said either I claim off scaffolding company through insurance, or come to an arrangement with them.
It has been over ten years since I claimed on car insurance....am I right in thinking that if it's a no-fault claim, any excess that I have on my policy will be recovered from the scaffolding company public liability insurance?
Also is it likely to affect my renewal adversely?
I have no idea who the scaffolding company are unfortunately. The Estate Management company have informed them and told me they will update on Monday.
Luckily my bodyshop have said the damage is cosmetic, just needs a new bonnet and few cosmetic touches to the silver grill.
Very annoying, but reading about people being killed in this bad weather, without electricity etc, does put this into perspective for me.
Luckily my bodyshop have said the damage is cosmetic, just needs a new bonnet and few cosmetic touches to the silver grill.
Very annoying, but reading about people being killed in this bad weather, without electricity etc, does put this into perspective for me.
Stick Legs said:
CO2000 said:
Last year I watched a safety training video that re-enacted this happening and hit a passerby killing them!
Is that the one that tenuously links the phone call to the lack of attention being paid on the job? Man answers phone call at work, some time later scaffold board falls off & kills jogger, phone kills jogger.Many of the H&S films remind me of the Yes, Minister joke, "All cat's have 4 legs, my Dog has 4 legs, therefore my Dog is a Cat."
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff