can i still claim?

twinnymum

Hi all, to cut a long story short, a work van drove into my wall last year in July and we came to an agreement with the driver and his boss that they could repair the damage (they were landscape gardeners contracted by the council). They didnt do a good job and i said at the time i wasnt happy and they said they would return to fix it but never did! I found their contact details today and have photos of the damage to the wall/van so i am wondering if i can claim for the damage as the job really is poor. I should have dealt with this yonks ago but time has flown by!

Any advice?

dogbot

The claim is well within the statute of limitations so yes you can claim against them - they will most likley send the claim to their motor insurer. Make sure you have as much evidence of everything that has happened and agreed as possible.

twinnymum

Thanks! So how do I go about it then? Do I ring up my house insurance and give them all of the details?

cogito

I doubt your house insurer would be interested. You're in breach of the policy condition relating to prompt notification of claims. You should have got them to deal with it from the outset.

glider3560

You will probably have to bring your own proceedings against the driver (i.e. take them to court yourself).

dogbot

Cogito is correct, the home insurer will not deal with the claim, unless...

Do you have legal protection cover with your house insurance? If so give them a call and get them to help you with the claim. Otherwise you could either find a solicitor to help you yourself or write a letter to the responsible party stating you intend to claim for the damage since it was not adequatly repaired and so you feel you have not been put back into the situation you were in before the incident.

Ask them to forward the letter to their insurers within 14 days or state that you will be going to a solicitor. Alternativly you can pay to find their insurance details on www.askmid.co.uk for £3.50. You might be able to get the insurer to reimburse this but don't hold your breath over it.

Phone the insurer to report the claim and back up everything in writing/email with photos of the wall before the incident, the damage and the things about the repair that you find inadequate. Be clear about eactly what you feel is a satisfactory conclusion.

han69421

car insurance would be the best deal!!!! Get as many pictures of the car and pictures of the repairs which they did. With my insurance they came round and looked at the car and told me what was next?

lisyloo

Get as many pictures of the car and pictures of the repairs which they did.

Huh??
They damaged a WALL.

Your best bet in my opinion is to send them a letter (by recorded delivery - 75p) telling them what you want them to do.
Give them a reasonable time limit to reply but state that you will take them to the small claims track in the county court if they don't reply with x days.
You need
a) as much evidence as possible (photos etc.)
b) a clearly worded letter and make it clear what you want
c) 75p for recorded delivery otherwise they can jsut way it was "lost in the post".

You could go through legal insurance or direct to their insurer but this will take time.

You are within your rights to claim for damage within 6 years, but it gets harder the longer you leave it because memories will fade and they will claim "wear & tear" or "we didn't leave like that, something happened since".
You need to get on with it, so I suggest handling in through the court yourself if you think you are able.
You can get plenty of advice on boards like these.