One for the Legal Eagles
Discussion
I purchased a Mazda RX8 advertised as "spares or repair" Then through Shiply.com I arranged a vehicle transporter to collect and deliver the car to me. The driver while loading the vehicle dropped it, resulting in damage to the rear bumper, exhaust trim, rear bumper hanger, and substantial damage to the rear quarter panel.
This was all caught on CCTV which I have in my possession, showing the transporter, the driver, both registration numbers and the accident and resulting damage. He admitted liability to his insurers (Aviva)
His insurance company Aviva, have just phoned me to say that although the transporter is insured for use on the road, he is not insured to transport vehicles of any kind and so will not be dealing with any claim. (Although they have not confirmed this in writing)
I have no insurance on the damaged car as I bought it to repair or strip for parts.
I have tried negotiating for a small cash settlement with the driver, based on what I could've got for the parts damaged sold as used, which he has refused.
So I presume that I will have to go through the small claims process to try and get any money out of the driver. If anybody can offer me some advice on how to structure a claim and what I should/could be claiming for, it would be appreciated.
Many thanks in advance
This was all caught on CCTV which I have in my possession, showing the transporter, the driver, both registration numbers and the accident and resulting damage. He admitted liability to his insurers (Aviva)
His insurance company Aviva, have just phoned me to say that although the transporter is insured for use on the road, he is not insured to transport vehicles of any kind and so will not be dealing with any claim. (Although they have not confirmed this in writing)
I have no insurance on the damaged car as I bought it to repair or strip for parts.
I have tried negotiating for a small cash settlement with the driver, based on what I could've got for the parts damaged sold as used, which he has refused.
So I presume that I will have to go through the small claims process to try and get any money out of the driver. If anybody can offer me some advice on how to structure a claim and what I should/could be claiming for, it would be appreciated.
Many thanks in advance
Edited by whythem on Thursday 14th August 10:37
It states on the Shiply website which brokered the deal that he has GIT insurance and so allowed him to quote for the job and charged me £35.00 for the privilege.
Yes this is the same car, but the guy has been a total cock throughout the whole thing, and I am stuck with a car that I can no longer repair and parts that I cannot sell, and while in limbo I cannot break the car for spares.
I offered the guy to settle for £300 based on what I could get for selling the damaged parts as used items before being damaged, which I thought was very fair. He declined.
So now it looks like I have to go through the small claims court, I am thinking that I should claim for the cost of new parts now.
I have other video but have not posted it as all parties are identifiable.
Yes this is the same car, but the guy has been a total cock throughout the whole thing, and I am stuck with a car that I can no longer repair and parts that I cannot sell, and while in limbo I cannot break the car for spares.
I offered the guy to settle for £300 based on what I could get for selling the damaged parts as used items before being damaged, which I thought was very fair. He declined.
So now it looks like I have to go through the small claims court, I am thinking that I should claim for the cost of new parts now.
I have other video but have not posted it as all parties are identifiable.
Edited by whythem on Thursday 14th August 19:38
whythem said:
It states on the Shiply website which brokered the deal that he has GIT insurance and so allowed him to quote for the job and charged me £35.00 for the privilege.
Yes this is the same car, but the guy has been a total cock throughout the whole thing, and I am stuck with a car that I can no longer repair and parts that I cannot sell, and while in limbo I cannot break the car for spares.
I offered the guy to settle for £300 based on what I could get for selling the damaged parts as used items before being damaged, which I thought was very fair. He declined.
So now it looks like I have to go through the small claims court, I am thinking that I should claim for the cost of new parts now.
http://s1372.photobucket.com/user/ian_427/media/RX...
http://s1372.photobucket.com/user/ian_427/media/fr...
I have other video but have not posted it as all parties are identifiable.
You mean this one:Yes this is the same car, but the guy has been a total cock throughout the whole thing, and I am stuck with a car that I can no longer repair and parts that I cannot sell, and while in limbo I cannot break the car for spares.
I offered the guy to settle for £300 based on what I could get for selling the damaged parts as used items before being damaged, which I thought was very fair. He declined.
So now it looks like I have to go through the small claims court, I am thinking that I should claim for the cost of new parts now.
http://s1372.photobucket.com/user/ian_427/media/RX...
http://s1372.photobucket.com/user/ian_427/media/fr...
I have other video but have not posted it as all parties are identifiable.
http://s1372.photobucket.com/user/ian_427/media/fr...
As I said above, your relationship appears on the face of it to be with the shipping company, so it's them you should be chasing.
Shiply Ts & Cs cover them pretty well against any responsibility.
Shiply said:
2 OUR SERVICES - NEUTRAL VENUE
2.1 We are not a transportation service provider, freight forwarder, broker or intermediary of any sort. The Site acts as a neutral venue through which Transport Providers and Users can meet and enter into negotiations with a view to entering into Transactions. We are in no way involved in the actual Transaction. We have no, and assume no, control over the quality, safety, or legal aspects of the Jobs and/or Transactions that take place through the Site.
2.2 If you are a Transport Provider you hereby agree that the Site is for shipping/transportation related services only and that work that you provide will only involve services. Except with our prior written agreement, you agree that you will not use your Membership as a means to market or sell any goods products or other services unrelated to the Job.
2.3 It is the responsibility of the User to select a suitable Transport Provider for the provision of the Job and the responsibility of the User and the Transport Provider to negotiate the terms of the Transaction.
3 GENERAL DISCLAIMER
3.1 Save where expressly stated otherwise in the Conditions, and only to the extent so stated, no provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 and the Conditions do not give rise to any legal contracts, liabilities, obligations, claims or other benefits or protection between Members or in favour of third parties. Your contract in connection with a Transaction will be with the other Member and, as a result, we can give no commitments of any nature about the other Member (whether User, Transport Provider or Successful Transport Provider (as defined hereafter)) or the Job, whether as to quality, quantity, delivery or price.
3.2 We assume no responsibility for claims made by Transport Providers with respect to their licenses, insurance, registration, membership or trade association or indeed any other claim made at any point during the Transaction or quoting process. We operate purely as a neutral venue through which Transport Providers and Users may agree on a price for a Job.
If the chap isn't insured, won't settle for damages, then a small claims case might be the best way forward.2.1 We are not a transportation service provider, freight forwarder, broker or intermediary of any sort. The Site acts as a neutral venue through which Transport Providers and Users can meet and enter into negotiations with a view to entering into Transactions. We are in no way involved in the actual Transaction. We have no, and assume no, control over the quality, safety, or legal aspects of the Jobs and/or Transactions that take place through the Site.
2.2 If you are a Transport Provider you hereby agree that the Site is for shipping/transportation related services only and that work that you provide will only involve services. Except with our prior written agreement, you agree that you will not use your Membership as a means to market or sell any goods products or other services unrelated to the Job.
2.3 It is the responsibility of the User to select a suitable Transport Provider for the provision of the Job and the responsibility of the User and the Transport Provider to negotiate the terms of the Transaction.
3 GENERAL DISCLAIMER
3.1 Save where expressly stated otherwise in the Conditions, and only to the extent so stated, no provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 and the Conditions do not give rise to any legal contracts, liabilities, obligations, claims or other benefits or protection between Members or in favour of third parties. Your contract in connection with a Transaction will be with the other Member and, as a result, we can give no commitments of any nature about the other Member (whether User, Transport Provider or Successful Transport Provider (as defined hereafter)) or the Job, whether as to quality, quantity, delivery or price.
3.2 We assume no responsibility for claims made by Transport Providers with respect to their licenses, insurance, registration, membership or trade association or indeed any other claim made at any point during the Transaction or quoting process. We operate purely as a neutral venue through which Transport Providers and Users may agree on a price for a Job.
Dr Interceptor said:
Shiply Ts & Cs cover them pretty well against any responsibility.
Ah OK. I originally understood that Shiply underwrites the carriage.Shiply said:
2 OUR SERVICES - NEUTRAL VENUE
2.1 We are not a transportation service provider, freight forwarder, broker or intermediary of any sort. The Site acts as a neutral venue through which Transport Providers and Users can meet and enter into negotiations with a view to entering into Transactions. We are in no way involved in the actual Transaction. We have no, and assume no, control over the quality, safety, or legal aspects of the Jobs and/or Transactions that take place through the Site.
2.2 If you are a Transport Provider you hereby agree that the Site is for shipping/transportation related services only and that work that you provide will only involve services. Except with our prior written agreement, you agree that you will not use your Membership as a means to market or sell any goods products or other services unrelated to the Job.
2.3 It is the responsibility of the User to select a suitable Transport Provider for the provision of the Job and the responsibility of the User and the Transport Provider to negotiate the terms of the Transaction.
3 GENERAL DISCLAIMER
3.1 Save where expressly stated otherwise in the Conditions, and only to the extent so stated, no provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 and the Conditions do not give rise to any legal contracts, liabilities, obligations, claims or other benefits or protection between Members or in favour of third parties. Your contract in connection with a Transaction will be with the other Member and, as a result, we can give no commitments of any nature about the other Member (whether User, Transport Provider or Successful Transport Provider (as defined hereafter)) or the Job, whether as to quality, quantity, delivery or price.
3.2 We assume no responsibility for claims made by Transport Providers with respect to their licenses, insurance, registration, membership or trade association or indeed any other claim made at any point during the Transaction or quoting process. We operate purely as a neutral venue through which Transport Providers and Users may agree on a price for a Job.
If the chap isn't insured, won't settle for damages, then a small claims case might be the best way forward.2.1 We are not a transportation service provider, freight forwarder, broker or intermediary of any sort. The Site acts as a neutral venue through which Transport Providers and Users can meet and enter into negotiations with a view to entering into Transactions. We are in no way involved in the actual Transaction. We have no, and assume no, control over the quality, safety, or legal aspects of the Jobs and/or Transactions that take place through the Site.
2.2 If you are a Transport Provider you hereby agree that the Site is for shipping/transportation related services only and that work that you provide will only involve services. Except with our prior written agreement, you agree that you will not use your Membership as a means to market or sell any goods products or other services unrelated to the Job.
2.3 It is the responsibility of the User to select a suitable Transport Provider for the provision of the Job and the responsibility of the User and the Transport Provider to negotiate the terms of the Transaction.
3 GENERAL DISCLAIMER
3.1 Save where expressly stated otherwise in the Conditions, and only to the extent so stated, no provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 and the Conditions do not give rise to any legal contracts, liabilities, obligations, claims or other benefits or protection between Members or in favour of third parties. Your contract in connection with a Transaction will be with the other Member and, as a result, we can give no commitments of any nature about the other Member (whether User, Transport Provider or Successful Transport Provider (as defined hereafter)) or the Job, whether as to quality, quantity, delivery or price.
3.2 We assume no responsibility for claims made by Transport Providers with respect to their licenses, insurance, registration, membership or trade association or indeed any other claim made at any point during the Transaction or quoting process. We operate purely as a neutral venue through which Transport Providers and Users may agree on a price for a Job.
I'd agree then: small claims it is. But as a lesson to the OP, in such a scenario as this it is the buyers responsibility to assure himself that the carrier has the correct insurance cover for the job.
Mr Overheads said:
MoneyClaimOnline
Prepare the paperwork then do a printout before submitting, send to the driver, saying either pay the £300 or I'm submitting this which may end up with you having a CCJ plus it adds court fees etc to the £300. You may find he just pays up.
Exactly that...Prepare the paperwork then do a printout before submitting, send to the driver, saying either pay the £300 or I'm submitting this which may end up with you having a CCJ plus it adds court fees etc to the £300. You may find he just pays up.
That's the third time this has happened to you, OP.
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
Are you aware of the definition of madness ?
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
Are you aware of the definition of madness ?
Oops, sorry M I've deleted the wrong links,apologies
Thanks OH, will do exactly that.
marshalla said:
That's the third time this has happened to you, OP.
Are you aware of the definition of madness ?
Same vehicleAre you aware of the definition of madness ?
Thanks OH, will do exactly that.
Edited by whythem on Thursday 14th August 19:51
Edited by whythem on Thursday 14th August 19:53
Mr Overheads said:
MoneyClaimOnline
Prepare the paperwork then do a printout before submitting, send to the driver, saying either pay the £300 or I'm submitting this which may end up with you having a CCJ plus it adds court fees etc to the £300. You may find he just pays up.
This would be my approach, if nothing back, serve on himPrepare the paperwork then do a printout before submitting, send to the driver, saying either pay the £300 or I'm submitting this which may end up with you having a CCJ plus it adds court fees etc to the £300. You may find he just pays up.
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