Tarmac damage from skip company

a4r0n89

Hi,

Just had my patio redone and when the skip company picked up the skip it all went wrong.

Last new I had my drive redone and extended with tarmac and paving edge.

When the skip truck picked up the skip it twisted and hit the neighbours fence and the seems to have bounced back onto the tarmac ripping it up.

I have all photos of this but can't seem to get them up.

The skip firm have been ok about but say of they want they don't have to do anything as in their terms and conditions it states that who ever ordered the skip is responsible for it. Which seems stupid as they wasn't present at the time and also the truck driver didn't put his legs down on skip truck which seems to have be one of the reason that this happened.

My issue is the skip company want to just patch the damage up but then I will be left with a patched up drive two different colour and due to the drive costing me alot 13months ago I don't think this is acceptable.

Where do I stand? Is what I'm asking for too much?

ChumLee

Their terms and conditions will cover damage to the drive for things such the position and weight of the skip causing damage but not for negligence of their driver.

a4r0n89

Thanks, Yes that is what I expected. I also have the photo of how the driving lifted it. First thing his boss did when he arrived was put the legs down.

southcoastrgi

not true, the driver works for the skip company so they are responsible, ask for their insurance co details & get the accesser out to inspect the damage & your photos

a4r0n89

I'm going to ring him tomorrow as I don't want him to do any patch work on my drive. I have got an appointment next week with a solicitor for some free advise.

I just hope I don't end up having to have it patched up and looking stupid. I know it's alot but I want it resurfacing so it all matches

Furts

It may sound silly but a fundamental of a skip company and others such as builders merchants is to avoid delivering onto private property. Of course they do it but if T&C are looked at they may avoid liability.

The skip lorry would have carried some bulk timbers or spreaders to prevent damage. If these were not used there is no defence.

However, if the skip was overloaded, or if the new drive is of a poor construction - and many are - you may have a bit of a fight on your hands.

It is unreasonable to expect a new drive. If you car had a dent in the body would you demand a new car? "Of course not" is the answer. But you would demand a good standard of localised repair.

kathrynha

Furts wrote: »

It is unreasonable to expect a new drive. If you car had a dent in the body would you demand a new car? "Of course not" is the answer. But you would demand a good standard of localised repair.

No, but if a carpet had a damaged patch, would you accept just that patch replacing or the whole lot?

richy999

a4r0n89 wrote: »

I'm going to ring him tomorrow as I don't want him to do any patch work on my drive. I have got an appointment next week with a solicitor for some free advise.

I just hope I don't end up having to have it patched up and looking stupid. I know it's alot but I want it resurfacing so it all matches

How do you know a patch won't match and will look stupid?

How about asking the firm who did your driveway for some advice on what can be done? Perhaps get a quote from them for repair and ask the skip company to pay for it?

Furts

kathrynha wrote: »

No, but if a carpet had a damaged patch, would you accept just that patch replacing or the whole lot?

UK Law is based on a principle of what is fair and reasonable. Allied to this are the costs incurred in rectifying an issue.

Carpets are a cheap commodity that come in vast quantities on roles. These are laid quickly by mostly semi skilled labour. Hence it is cheaper and easier to replace a carpet - a neighbour just had a room laid by a team of two men in less than fifteen minutes.

To repair a typical carpet would entail lifting it and obtaining a colour matched piece of infill to sew in. The National Trust would do this, but consumers would not because their carpets do not justify this action.

A driveway is a different scenario, as is a car!

stator

Check if your home insurance has a legal advice helpline

a4r0n89

I have already rang the company who did my drive and say no matter how good they are no one could match tarmac.

I understand the comments about the car etc and the carpet but the driveway will stand out and look like a plaster over a wound.

Is this acceptable due to no fault of my own? New driver not picking up a skip which wasn't even full. He dropped it off in a strange location on the drive and this caused him the issues when he picked it up.