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Smashed driveway

Am fuming right now :mad:A skip lorry just used our drive to turn into several times and smashed our drive way to pieces, we watched as the drive sunk underneath it. Ok the drive was already slightly damaged on one side, but he has now damaged the whole of the other side. He said he'd speak to his boss but the driveway was already damanged. We have several witnesss. Are they liable to repair this? I reckon they will use the fact it was already damanged to get away out of any ownership of this.
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Comments

  • paddyrg
    paddyrg Posts: 13,543 Forumite
    Take lots of photos now
    Get witnesses statements next
    Phone them up with a quote for fixing it up to its former condition
    They had no right to use your property and damage it
    It will end up with their insurers and be a massive pain, but it sounds pretty open and closed
  • mo786uk
    mo786uk Posts: 1,379 Forumite
    I spose they can claim on their vehicle insurance

    as above get photos and statements from witnesses just so you have them incase of dispute.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Also if there vehicle has cause damage to another persons property... Aren't they required to report this within 24hrs ?
  • Noctu
    Noctu Posts: 1,553 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Phone the police non emergency number and make sure it's logged!
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Was this skip lorry delivering or collecting a skip from your premises?
  • Loopy1
    Loopy1 Posts: 223 Forumite
    No he was not collecting or delivering to my property it was the house opposite.

    I have rang the non emergency police and they said we would have to prove it was with criminal intent which it wasnt. They also said as we had entered dialogue with the driver (who said he would speak to his boss monday) that we had to give them Monday to see if they ring us back and I could phone the police back Monday night if they dont but not sure how much they can help us.

    I have taken photos of the damage.
  • Loopy1
    Loopy1 Posts: 223 Forumite
    Im now reading the code of conduct for waste companies! I did not mention my two girls were playing on the driveway (I had stepped inside the house for a few mins) when he drove on and they were petrified!
  • marleyboy
    marleyboy Posts: 16,698 Forumite
    10,000 Posts Combo Breaker
    Unless they can show previous damage of your driveway, they are in no position to claim it was already damaged nor what percentage of damage they claim NOT to be responsible for.
    :A:dance:1+1+1=1:dance::A
    "Marleyboy you are a legend!"
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  • The tarmac drive to my house is also damaged (it has a few cracks) but there is no way that an average family car could cause it to get any worse.
    A skip lorry (or any other lorry for that matter) would probably chew it up and totally ruin it so whenever I'm expecting a delivery I always advise the drivers not to come onto the driveway.

    As this lorry entered your property without permission, I also fail to see how they will be able to avoid paying to have the tarmac repaired.
    Trespass is not a criminal offence in the UK, but there are a few websites (I don't know how reliable they are) that state that damage caused whilst trespassing can be a criminal offence.

    http://www.bobw.co.uk/Uploads/CMS/Files/433/pdf%20Trespass.pdf

    People who cause damage while trespassing may, in the process, commit a criminal offence (e.g. of criminal damage of property under the Criminal Damage Act 1971) but trespass is per se not normally a criminal offence (see above). Trespass is a criminal offence in some cases, for example on railway land or where military byelaws are in force
    .


    If you have any legal protection or legal advice offered with your home insurance, it might be an idea to contact your insurers if the skip company won't cover the repair cost.
  • Mistral001
    Mistral001 Posts: 5,432 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    The tarmac drive to my house is also damaged (it has a few cracks) but there is no way that an average family car could cause it to get any worse.
    A skip lorry (or any other lorry for that matter) would probably chew it up and totally ruin it so whenever I'm expecting a delivery I always advise the drivers not to come onto the driveway.

    As this lorry entered your property without permission, I also fail to see how they will be able to avoid paying to have the tarmac repaired.
    Trespass is not a criminal offence in the UK, but there are a few websites (I don't know how reliable they are) that state that damage caused whilst trespassing can be a criminal offence.

    http://www.bobw.co.uk/Uploads/CMS/Files/433/pdf%20Trespass.pdf
    .




    If you have any legal protection or legal advice offered with your home insurance, it might be an idea to contact your insurers if the skip company won't cover the repair cost.

    This is a good point, but the level of proof would have to be high for a conviction of a criminal offense I would imagine. Civil action would require a lesser level of proof.
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