Damage by delivery vehicle

A delivery driver knocked on my door and asked me how he could get the delivery to our door as we have a gravelled drive and he said that pallet won't go over the gravel at all. So I suggested backing onto the drive and unloading the pallet onto the grass area near the house. This involves driving through our gate, onto the gravel drive. He asked me if we had any pipes that could be damaged and I said no.

This gate has had hundreds of very large vehicles over the years drive through it, including removals vans. I heard a crack and looked out the front door to see him reversing into, and knocking, the fence post. I ran out, shouting to him to stop, but he initially carried on going, causing further damage. He eventually saw me and got out.

I said, "I assume you have insurance" and he said, "well I did ask you about going on the drive"
I said, "you asked me if we had pipes that could be damaged! You didn't ask me if it was okay to reverse into our gate and break it!" He also told me I was lucky because he was actually one of their more helpful delivery drivers. :rotfl:

I took a picture and he told me that the vehicle has a camera too. Then I went inside to get my Husband. When he came back the guy had tried to move the fence post back into position, so it wouldn't look so bad. It's a wooden gate that is now chipped, bent and doesn't line up properly when closed. The fence post into which the gate goes, was set in concrete and is now completely wobbly.

My Husband called the company to get their insurance details, but they said because we gave him permission to go onto the drive it's basically our problem. They said they'll get back to us, but this company is known in the local area for being an unethical company (don't pay their staff, that kind of thing) and I'm not convinced they will.

Wondering if anyone knows what rights we have and what's the best thing to do?
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Comments

  • cono1717
    cono1717 Posts: 762 Forumite
    Name Dropper First Anniversary First Post
    You give the company permission to deliver the item in your house does that mean they can just smash the place up.

    The company has a duty of care which they failed to adhere to. Get 3 independent quotes and send them to the company with a letter before action.
  • m0bov
    m0bov Posts: 2,521 Forumite
    First Anniversary Name Dropper First Post
    Do you have legal cover on your insurance? THey may help, otherwise as above, send LBA with three quotes, take the middle one. Sent it to the delivery company. You said you told him to stop, did he just carry on? If he did, might not be any harm in getting a crime number for it as it sounds like driving without due care.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
    Name Dropper First Post First Anniversary
    Does the delivery driver work for a delivery company or the retailer you purchased from? If not, which company did you contact to get insurance details?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • OP I think you have 100% the right for the company to pay for damages and you should pursue this with fullest intent. I wish you luck and I hope you are successful.
  • Fat_Walt
    Fat_Walt Posts: 750 Forumite
    m0bov wrote: »
    Do you have legal cover on your insurance? THey may help, otherwise as above, send LBA with three quotes, take the middle one. Sent it to the delivery company. You said you told him to stop, did he just carry on? If he did, might not be any harm in getting a crime number for it as it sounds like driving without due care.

    You won't get a crime number as careless driving isn't a recordable crime.
  • usefulmale
    usefulmale Posts: 2,627 Forumite
    Watergirl wrote: »
    My Husband called the company to get their insurance details, but they said because we gave him permission to go onto the drive it's basically our problem. They said they'll get back to us, but this company is known in the local area for being an unethical company (don't pay their staff, that kind of thing) and I'm not convinced they will.

    Wondering if anyone knows what rights we have and what's the best thing to do?

    Yet you still did business with them? Why?
  • We purchased a large car part from Ebay. The seller arranged the delivery.
    We then contacted said delivery company after the incident to get their insurance details.

    Thanks for the responses. Will check legal advice cover on our insurance. Will get three quotes to fix and go from there.
  • Fat_Walt
    Fat_Walt Posts: 750 Forumite
    Why don't you give Section 154 of the Road Traffic Act a go?
  • would that be relevant here though being on private land?
  • Fat_Walt
    Fat_Walt Posts: 750 Forumite
    would that be relevant here though being on private land?

    Depends where their gate post was, I'd bet the vehicle was still on the road when they hit it.
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