Damaged caused to property by skip lorry driver

[ryanMIL]

Hi,

Not strictly motoring related; I think that this one is a contract law issue, but hoping that someone can help.

I had a skip delivered on Friday, paid over the phone whilst at work and the delivery ticket was posted through my letterbox. Filled it over the weekend and ordered it to be collected yesterday. I had a missed call mid-afternoon from the skip company whilst I was in a meeting and when I returned home the skip was still on my drive and my garden wall was partially demolished. From speaking to neighbors, the skip truck driver just reversed into my wall and then drove straight off.

I've called them today and have been told that their terms of hire state that they cannot be held responsible for any damage and that unless I can provide them with CCTV evidence, then they won't do anything else.

Said skip remains on my drive.

Is there anything I can do?

Thanks,
Ryan.

[PurpleMoonlight]

ryanMIL said:

Hi,

I've called them today and have been told that their terms of hire state that they cannot be held responsible for any damage and that unless I can provide them with CCTV evidence, then they won't do anything else.

Worthless term that would not hold up in court. They cannot absolve themselves from their own negligence.

Did the neighbour note the registration number?

[TooMany2cvs]

ryanMIL said:

I've called them today and have been told that their terms of hire state that they cannot be held responsible for any damage

Which is all very lovely, but this is pure and simple the insurance on their wagon.

ryanMIL said:

and that unless I can provide them with CCTV evidence, then they won't do anything else.

But there they may well have a point...

ryanMIL said:

Is there anything I can do?

I guess you don't have the registration on the truck?

Buildings insurance, then.

[SmoothCriminal]

I can't see how they can get out of paying for the damage by a clause in their contract.

So they're saying he can cause as much damage as possible and their not liable what if he had reversed up and run over a child living at the property.



He's had a damage rta so I'd be demanding insurance details tbh.

[marshalla]

If all else fails, charge them a storage fee for the skip that they haven't collected...

[Impasse]

marshalla said:

If all else fails, charge them a storage fee for the skip that they haven't collected...

And then book another skip to take away the rubble.

[TwigtheWonderkid]

PurpleMoonlight said:

ryanMIL said:

Hi,

I've called them today and have been told that their terms of hire state that they cannot be held responsible for any damage and that unless I can provide them with CCTV evidence, then they won't do anything else.

Worthless term that would not hold up in court. They cannot absolve themselves from their own negligence.

Did the neighbour note the registration number?

This.

If neighbour was a witness, then it's a straightforward claim on their motor insurance policy. They were negligent, you have a witness. Their contract does not trump the law of tort.

[Chester draws]

Their delivery tickets sometimes state that if you "order them off the public highway", ie to put the skip on your drive, then they are not liable for any damage caused.

Did your ticket have this term and if so, did you "order them off the highway?"

[TwigtheWonderkid]

Chester draws said:

Their delivery tickets sometimes state that if you "order them off the public highway", ie to put the skip on your drive, then they are not liable for any damage caused.

Did your ticket have this term and if so, did you "order them off the highway?"

It's irrelevant. If you asked them to deliver it to a ridiculous location down an very narrow path and they said that it was out of the ordinary and they couldn't be responsible for any damage, then they might have a case.

But a skip delivery/collection company is expected to be able to deliver and collect skips without demolishing peoples bloody walls. No amount of disclaimers can override their basic responsibilities and duty of care.

[ging84]

TwigtheWonderkid said:

This.

If neighbour was a witness, then it's a straightforward claim on their motor insurance policy. They were negligent, you have a witness. Their contract does not trump the law of tort.

Straightforward if the neighbours noted down the number plate, otherwise a bit more difficult

[ryanMIL]

Thanks all for your advice. I've spoken to the non-emergency police number and they've advised I report it as a non-stop RTA, which I have done. Hopefully the Notice of Intended Prosecution will give them enough motivation to be co-operative, but the police officer I reported it to said that they need to be able to get enough evidence from neighbours, which I think may be unlikely.

Planning to call them back tomorrow to ask for the skip to be removed - I'll leave the rest to the Police for now.

[TwigtheWonderkid]

Are the skip company denying they did it or saying they did do it but can't be held responsible because of their contract. If the latter, get them to confirm it and they are banged to rights. Their contract term is unenforceable.

[johnoz]

Chances are the lorry will have a tracker in it so the company can keep tabs on who's where and when!
The ones in out area do.

[Chester draws]

If the OP's skip company contract has a clause such as that below...

"Please be aware that once we leave the highway, you agree to indemnify us for any damage that occurs whilst on your property."

(From http://www.andrewcookgroup.co.uk/faqs)

And that the OP had instructed them to leave the highway (or implied instruction by where the skip was to be placed not being reachable from the highway)....

The skip company are liable for damage that the OP had indemnified them against?

I understand that the term is designed to cover block paving being sunk under the weight of the stabiliser leg or the wheels of the lorry etc, but won't the insurer simply refer to this term and leave the OP in a position where the only option is the small claims court and trying to convince a judge that the driver was negligent, the term is unenforceable etc?

Or are the skip companies all just trying it on?

(I don't know and suggest the OP takes advice from those more learned than myself, but I'd be interested to find out the outcome).

[TwigtheWonderkid]

The OP's drive being damaged by the sheer weight of the lorry may be unavoidable and the skip lorry driver may not be negligent. Demolishing a wall is entirely different. It's a reasonable expectation of a skip lorry driver that he should be able to drive a skip lorry.

We're not asking for a cancer cure or for the driver to bring peace to the Middle East here, but just to do his job with a bare minimum level of competency.

[Chester draws]

OK, cheers.

[snorky782]

How complicated can people make the most simple of issues?

Claim on your home insurance, which doesn't have NCD accrual that matters anywhere near as much as car insurance and let them sort it out with the skip company. You can just get on with your life then.

Home insurance costs bugger all in the big scheme of things amd they can sort it all

[mikeveal]

Claim on home insurance for a hassle free life or small claims court action against the skip company if you want to make a point.
I don't believe your neighbour would need the registration if the skip lorry had a ruddy great logo "Sam's Skips" identifying it.

The skip company can't absolve themselves of negligence what ever they may tell you, whatever they may like to think or whatever they put in their contract.

[kowalski655]

Purely driving into a garden wall is BEFORE the skip lorry goes off the road,so any clause isn't applicable anyway. Get on to their RTA insurers, not like they can say the wall jumped out in front of them

Edit for god awful typing!!!

Edited by kowalski655 on Wednesday 15th June 09:21

Edited by kowalski655 on Wednesday 15th June 09:21

[Jefferson Steelflex]

kowalski655 said:

Purely driving into a garden walk is BEFORE the slip liry goescoff the road,so any clause isn't applicable anyway.

+1