Strimmer smashed Sunroof, who pays?

loobyloo2

Just got in not long ago after a very slow drive home!
Had been out with DD and 2 dogs for a country walk, coming home in the car. Pulled to a stop at a small roundabout, noticed a lady with her back to me strimming the grass verge directly opposite, this was 8pm. The grass verge is on the public highway, and behind this is a private childrens nursery.
Anyway, pulled out, and immediately heard an almighty BANG, and the sunroof smashed inwards onto both mine and my daughters heads. Dogs were in the back. I pulled over and went to speak to the 'strimmer'. There was nobody else around, and no other cars, rural area so no pedestrians. She admitted that she had probably sent something flying in the air, but then said she stopped everytime she saw a car! She admitted she hadn't seen me behind her.
The manager/owner of the nursery came outside to see what had happened, and a female car driver pulled up to see if she could help. The 'strimmer' did not want to give her details, the nursery manager said it was her 'sister' and I could have her details instead.
I asked the car driver who had stopped to call the police, who did turn up, and made sure I was given the 'strimmers' details. I have a feeling she is 'illegal',(not entitled to work), the address she gave belongs to her son, as did the car that was in the carpark.
Anyway, basically, I have never had to claim on my insurance before, I am fully comp, but the police seemed to think that I could take her to small claims court if the insurance don't pay.
The nursery manager had employed her to strim the long grass as the council had not done it, and it was blocking the view of the parents when driving out of the carpark, she was not wearing hi-vis, goggles, no one looking for traffic etc etc.
I thought of going to the local council to report this, but all I want is my sunroof repairing, are my insurance likely to pay out or will I have to go through small claims court. And if the small claims court, will it be the nursery owner or the 'strimmer' that I pursue?
Any advice will be gratefully recieved.
Thanks. Sorry if I'm rambling, just a bit shook up.

ZootHornRollo

if you are fully comp, do you have windscreen/glass cover? this may cover the sunroof - i have previously had a panoramic glass roof replaced using windscreen cover. (i doesn't effect your no claims and you could take the strimmer to small claims for excess (or just ask them up front to pay the excess))

loobyloo2

Thanks.
Not sure if I have windscreen/glass cover, will look at my insurance in the morning.
I'm pretty annoyed at the whole thing though, I don't understand why this nursery allowed a member of their family?? to strim the public verge in that manner, especially as they must be pretty aware of health and safety. As I said, I think the lady was not entitled to work, very cagey about everything, and was glad when the manager/owner took over. She even tried to clean the glass up from my car and move it off the road before the police arrived, I told them to leave it!
Car is an import, so problem trying to locate the glass I would imagine, I will phone her tomorrow and see if she wants to pay the excess.
Will my insurance claim off the nursery? Oh, daughter is 15, I presume she cannot be used as a witness? The lady driver that stopped and called the police did hear her admit that she had probably done it, along with her not wanting to give her details, will it be worth contacting her for a statement?
Thanks.

ZootHornRollo

i would just find out about the glass cover and proceed for a normal glass claim. its nothing like a normal car insurance claim, no need to fill out endless forms detailing everything that happened. If you complicate things by citing the nursery as the cause you may just drag things out and create some unnecessary hassle for yourself. But obviously it is your decision at the end of the day.

the excess will probably be something like £50 to £75.

i'd speak to the nursery independently at first about refunding you the excess.

Pew_Pew_Pew_Lasers!

If the nursery employed her to strim the grass, then your complaint is with the nursery, not the person doing the strimming.

loobyloo2

Just had a quick look, I'm insured with Tesco. Seems they offer windscreen/windows, no mention of sunroof!
If I phone them tomorrow and it is not covered with the windscreen cover, will this affect my no claims etc? when I reinsure, that's due this month too!
Quick look on google and someone managed to get windscreen fitter/centre to do theirs as a windscreen instead,therefore insurance covered it, sounds a bit beyond me though to even try to find a place that may do this.
Don't want to mess up my insurance over this, should I call them and explain the whole thing, or not?
Thanks

maninthestreet

How can a stone kicked-up by a strimmer manage to smash a horizontal sun roof?? The person using the strimmer was under no legal obligation to give you their name and adrress.

skiddlydiddly

Errrr the stone flies up in the air then arcs down?

thescouselander

As pew pew says - if the strimmer was being employes by the nursery its the nursery who is probably liable.

ZootHornRollo

Checking the policy wording of Tesco insurance they do not cover sunroofs

This Section provides cover for damage to glass in the windscreen or windows

Where as More Than explicitly state that sunroofs are included in theirs.

If the windscreen, windows or glass sunroof of your car becomes cracked or broken, call the Glass Helpline
0800 731 3172, available 24 hours a day.

Time for a chat with the nursery owner...

wealdroam

ZootHornRollo wrote: »

Checking the policy wording of Tesco insurance they do not cover sunroofs

This Section provides cover for damage to glass in the windscreen or windows

I would be strongly suggesting to Tesco that a glass sunroof was indeed a window.

Allbeit, a window in the roof.