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  • FIRST POST
    • cefc88
    • By cefc88 12th Jul 17, 10:39 PM
    • 2Posts
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    cefc88
    Business insurance obligation?
    • #1
    • 12th Jul 17, 10:39 PM
    Business insurance obligation? 12th Jul 17 at 10:39 PM
    I'm hoping that someone can help me out. I own a pub, the gas supplier scratched my car when delivering bottles. The scratches match the bottles perfectly in both distance and colours of the scratches... It cannot have been anything or anyone else. When we discovered the damage we contacted the supplier to advise him of it, he denied all knowledge of it and refused our request for his business liability insurance. He now will not respond to any attempts at contacting.
    This afternoon he came into my cellar unannounced, disconnected and removed the gas bottles and left without anyone knowing. He was not due to visit until Friday.
    He has subsequently contacted the police and accused me of harrassment, they have called me this evening and told me they aren't pursuing it as it isn't actually harrassment where all attempted contact has been reasonable and related to this situation.
    However I'm seemingly powerless. He has damaged my property, been thoroughly I unpleasant and refuses to give insurance information for the damage he has caused in the line of his business. It seems utter madness that he is so in the wrong, yet it is me who has been advised to stop contacting him.or risk him pushing for a harrassment charge. As business owners I had thought we were obliged to provide insurance details.and for the insurer to then determine whether there is liability or not? Can anyone advise me what I can do next? It seems my only option is to pay for repairs and then pursue him through small claims...risking that I am left out of pocket when I'm not the one at fault, because he's hiding behind an unfounded harrassment accusation.
    Many thanks in advance.
Page 1
    • Quentin
    • By Quentin 13th Jul 17, 12:05 AM
    • 33,252 Posts
    • 17,191 Thanks
    Quentin
    • #2
    • 13th Jul 17, 12:05 AM
    • #2
    • 13th Jul 17, 12:05 AM
    You may have a problem winning a small claim - unless you have any witnesses??


    (What makes you so sure that the supplier has any insurance?)
    • csgohan4
    • By csgohan4 13th Jul 17, 7:41 AM
    • 3,960 Posts
    • 2,470 Thanks
    csgohan4
    • #3
    • 13th Jul 17, 7:41 AM
    • #3
    • 13th Jul 17, 7:41 AM
    CCTV??


    You came to a conclusion too quickly, no evidence it happened? Now you cut your nose to spite your face and your gas supplier has now ceased supplying you.
    "It is prudent when shopping for something important, not to limit yourself to Pound land"
    • cefc88
    • By cefc88 13th Jul 17, 8:05 AM
    • 2 Posts
    • 0 Thanks
    cefc88
    • #4
    • 13th Jul 17, 8:05 AM
    • #4
    • 13th Jul 17, 8:05 AM
    Thanks for your reply.
    In short, we can't be sure that he does, however thought all business owners would have in order to protect themselves against situations like this. So if small claims is unlikely and he refuses, despite the fact that it can only have been him (The damage is absolutely consistent with his bottles, the timing of the incident etc), then we have no option but to pay for repair ourselves or to claim against our own policy and therefore be out of pocket for damage that was caused by him?
    That just seems like a crazy system, where a supplier can damage my property and I have no recourse.
    • paddyandstumpy
    • By paddyandstumpy 13th Jul 17, 8:05 AM
    • 893 Posts
    • 394 Thanks
    paddyandstumpy
    • #5
    • 13th Jul 17, 8:05 AM
    • #5
    • 13th Jul 17, 8:05 AM
    You can try and trace his PL cover via his EL cover, using ELTO.

    As you've already soured the business relationship with him I guess you've got nothing to lose.
    • paddyandstumpy
    • By paddyandstumpy 13th Jul 17, 8:11 AM
    • 893 Posts
    • 394 Thanks
    paddyandstumpy
    • #6
    • 13th Jul 17, 8:11 AM
    • #6
    • 13th Jul 17, 8:11 AM
    As an afterthought if he's got a huge PL excess it'll still fall back to him, so you're no further along.
    • Weighty1
    • By Weighty1 13th Jul 17, 12:02 PM
    • 212 Posts
    • 76 Thanks
    Weighty1
    • #7
    • 13th Jul 17, 12:02 PM
    • #7
    • 13th Jul 17, 12:02 PM
    Who is to say that someone didn't come along take a gas bottle from his van, scrape it along your car and then replace it?

    Might sound far fetched but without witnesses what you are suggesting happened is pure conjecture.
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