Damage to persons van on our property - liable?

scotgirl

Can anyone help urgently?

We are getting a floor fitted and my husband had stacked the kickboards from the units against the house. The wind blew them over and there is some damage to the workmans van.

He is saying we are liable for the damage - can anyone advise urgently if this is correct and if there is anywhere we can get information from?

Wasnt sure where to post, thanks for your help.

custardy

no expert but the workman was on your property doing work for you(?)
you stacked up the boards that led to the damage
so i would say yes

Strider590

Look at it this way... I he wasn't a workman and was in fact a close friend in their brand new £65'000 motor, would you be in any doubt?

mikey72

custardy wrote: »

no expert but the workman was on your property doing work for you(?)
you stacked up the boards that led to the damage
so i would say yes

I don't think the first bit matters.
The second bit sems correct though.
So, it was a fitter fitting the floorboards.
You stacked the kickborads from the kitchen units up outside for him, he parked up, how long after, had he started, moved anything etc, before they blew over?

Post it up on the insurance forum.

scotgirl

So it is not covered by his own vehicle insurance?

Can we claim this sort of thing from our house insurance do you think?

mikey72

scotgirl wrote: »

So it is not covered by his own vehicle insurance?

Can we claim this sort of thing from our house insurance do you think?

I would have said yes.

Road_Hog

scotgirl wrote: »

So it is not covered by his own vehicle insurance?

Can we claim this sort of thing from our house insurance do you think?

Call them and ask. You'd be surprised at what isn't covered. Our fence blew over in some very strong winds a few years ago and we couldn't claim for having it put back up.

custardy

scotgirl wrote: »

So it is not covered by his own vehicle insurance?

Can we claim this sort of thing from our house insurance do you think?

its covered by his insurance if he is fully comp, but if someone hit your car would you just claim on your insurance and not theirs?

shaun_from_Africa

I would be amazed if your insurance wouldn't cover the damage.
As far as I'm aware, all buildings insurance has public liability cover as part of the standard package.

How much damage are you actually talking about?
I can't see kickboards doing too much unless they were solid wood and hit from a fair height.
It may be easier and cheaper (if you have a no claims discount on your house policy) to get a couple of quotes and pay for it yourself.

atrixblue.-MFR-.

sorry but i dont belive your at fault.

please clarify following:

1.how long were they there for? before he arrived after he arrived did he leave inbetween?

2. did they fall over instantly or were they there for hours then blew over by act of god or fell as soon as was leaned against the wall.

if they were there before he pulled up next to them and had been there for a reasonable time you cannot be blamed for an act of god your insurers (home) will tell you this as soon as you mention they fell over due to the wind.

there shouldnt be much damage from a set of kick board falling im assuming a small dent or two and a few scratches.

out of good will and to keep onside i'd seek a private repair, but this would could leave you open to small claims for loss of buisiness and downtime for the workmans van so when arranging a repair be mindfull and try and cover this aspect by arranging work to carried out at a time he wont make a loss or a repair onsite with a mobile spray facility.

edit to say if arrangement is private, take photo's, this will ensure that you pay for the damage caused not for other minor repairs, if you employ an onsite repairman, make sure you discuss with the workman a time that you can be onsite for the estimate or quote, and again when the work is being carried out to pay.

atrixblue.-MFR-.

shaun_from_Africa wrote: »

I would be amazed if your insurance wouldn't cover the damage.
As far as I'm aware, all buildings insurance has public liability cover as part of the standard package.

How much damage are you actually talking about?
I can't see kickboards doing too much unless they were solid wood and hit from a fair height.
It may be easier and cheaper (if you have a no claims discount on your house policy) to get a couple of quotes and pay for it yourself.

to be honest of they pay i'd be suprised, lets face it an act of god caused the boards to fall not a person. if infact the boards were dropped by the homeowner onto the van then yes. but as i see it no insurers wont cover wind blowind a set of boards over.