Can a painter claim against your house insurance?

ChiliConCarnage1907

Hi all,

I am looking to get a painter in to paint the outside of my house. Someone has told me to make sure to get one who has their own insurance, as in the event of an accident or damage to property, they (or others affected) can claim off your house insurance. Does anyone know if this is true.

Of course I'll be hiring one with insurance, but just wanted to know if this was true.

Thanks!

keystone

ChiliConCarnage1907 wrote: »

Hi all,

I am looking to get a painter in to paint the outside of my house. Someone has told me to make sure to get one who has their own insurance, as in the event of an accident or damage to property, they (or others affected) can claim off your house insurance. Does anyone know if this is true.

Of course I'll be hiring one with insurance, but just wanted to know if this was true.

Thanks!

No he can't. If he upends a can of gloss all over your nice cream carpetthen you claim off your insurance who counterclaim off his.

Cheers

Yorkie1

I recall reading about the situation where a householder could be liable for personal injury resulting from an unsafe working situation - even if the person working was the 'expert' in the situation. I think the situation involved was working at height.

I suspect the issue therefore refers to public liability insurance or similar, which is often included as standard on home insurance.

jkgray

In the event of an accident where he suffered a loss, he could sue you.

If you had insurance which covered your (potential) liability to him your insurer would handle the claim and if it settled or he won in court, they would pay the damages.

If his loss was down to you, he would not claim on his own insurance.

Conversely, if he caused you a loss then you could sue him. Unless he has insurance however he might not be good for the money even if you won.

Insurance does not change the legal liabilities just who foots the bill if those liabilities are called upon.

Ash_McCloud

ChiliConCarnage1907 wrote: »

I am looking to get a painter in to paint the outside of my house.

keystone wrote: »

No he can't. If he upends a can of gloss all over your nice cream carpet then you claim off your insurance who counter claim off his.

Cream carpets on the outside of the house.. must be posh inside

savemoney

They would be if it was red

Ash_McCloud wrote: »

Cream carpets on the outside of the house.. must be posh inside

Jaynne

jkgray wrote: »

In the event of an accident where he suffered a loss, he could sue you.

If you had insurance which covered your (potential) liability to him your insurer would handle the claim and if it settled or he won in court, they would pay the damages.

It is counter intuitive but I believe the above is correct. Even if the painter has his own insurance - which they should have in the case that they damage your property - when someone is working on your property they are your responsibility.

If the painter falls off a ladder he can claim off you regardless as to his own insurance.

vaio

Jaynne wrote: »

.......If the painter falls off a ladder he can claim off you regardless as to his own insurance.

nonsense, a claim can only flow from negligence so unless you contributed to or caused him to fall then your insurance won't pay.

Jaynne

vaio wrote: »

nonsense, a claim can only flow from negligence so unless you contributed to or caused him to fall then your insurance won't pay.

This was explained to me by a window cleaner I knew who was saying one of the benefits of the pole system they now used means no ladders. As the house holder you are responsible for people working on your property (this legislation) - if you haven't complied you could be negligent.

So yes negligence is required but they were saying that this could be interpreted as having not followed/enforced the relevant legislation.

YorkshireBoy

Jaynne wrote: »

This was explained to me by a window cleaner...

Following consultation with his lawyer? Or was he legally trained himself? My guess is neither.

(this legislation)

Have you actually read it?

You only need to get as far as section 3 (Application) to see that it places no duty on the householder in the OPs situation, since he is not an "employer" and has no "control" over the tradesman.

The OP will, of course, have a duty of 'tort' whilst the painter is on site.

keystone

Ash_McCloud wrote: »

Cream carpets on the outside of the house.. must be posh inside

Don't be silly. I was talking about

ChiliConCarnage1907 wrote: »

as in the event of ............. damage to property

and used that as an example.

Oh sorry - just fallen in. Not silly at all - you were being whimsical.

Cheers