Third party damage to BT line who's responsible?

Bluefusion

We recently arranged for a local building supply company to deliver some hardcore to our property. However, the delivery truck turned up unannounced a day early.! At the time my wife was alone in the house with our two babies, she advised the driver that he wasn't due to delivery the goods until the next day and that she didn't have any form of payment at home to pay for the delivery.! She asked if he would accept a debit card and he said no.! He agreed that it would be okay to forward a cheque in the post.

The problem occured when the driver lifted the truck up to tip the hardcore onto our front drive.! He was parked across the road with two wheels on the road and the back two wheels on the pavement.! He released the hardcore onto our front drive and as he lowered the back of the truck, he pulled our neighbours BT line down and snapped it in half above the street.! When my wife pointed this out the driver, he just shugged his shoulders got in the truck and drove off leaving us with no paperwork or apologising for the incident.

My wife immediately telephoned the building supply company to inform them that the driver had brought down the BT line, the first person to answer the telephone admitted it was their responsibility and then passed my wife over to the man in charge.! However, he said "it wasn't their responsibility and on their paperwork it clearly states that they (the company) are not responsible for any accidents that occur whilst delivering off the highway."! My wife then explained that she had not been given any paperwork by the driver and the driver of the truck was on the highway when the incident occurred.! The man in charge then replied "...if we paid out for every accident that happened by the drivers, we would be skint in a year"!

We have since advised our neighbours what has happend and given them the details of the building company. The neighbours are now waiting for a BT engineer to come out.

My question is:
Who is responsible for the cost to BT to repair the BT telephone line. !
As far as I am aware, as the incident happened on a public highway, this is the responsibility of the Building Company, not myself or my neighbour?

PaulK_3

It;sthe responsibility of the person damaging the cable to pay for repairs to it, pass the details on to BT and tell them what happned.

ORE

Openreach will charge the building company if you pass on the details. Did it the other week with a skip lorry that was driving with the back raisd and brought down 36 wires lol

Jemma-T

Whomever caused the damage is technically liable. Doesn't mean they'll pay for it but just pass the details on and miss out the 4 or 5 paragraphs of background info.

BritBrat

it wasn't their responsibility and on their paperwork it clearly states that they (the company) are not responsible for any accidents that occur whilst delivering off the highway.

Yeah and if he killed a child do you think the police would take any notice of that bit of paper?

It was the drivers at fault.

Keep the cheque back untill it is sorted.

topherxp

Interesting, as the damage was caused to the line in the street as opposed to damaging the line whilst perfoming building work on the property.

I would say that the other company would be liable because it was in the street.

There is a slight chance that BT may initially bill your neighbour, but it would be a case of calling BT to dispute the charge as it was in the street. The other option is to sue the building company for the money.

mchu6am4

My line has been brought down by the building delivery man today...he's said he'll tell his boss and will probably get a call...what should I do?

Quentin

Contact the firm yourself and report the matter, (or get their motor insurance details), and progress the matter with their insurer just as you would have done had their vehicle struck yours in a collision.

Make sure BT know all the details.