Tarmac damage from skip company

a4r0n89

Update

Spoken with skip company telling them not to do any work yet as I'm seeking legal advise. He then said if that's the root you want to take, take it up with the men who sorted your patio out not us.

a4r0n89

Called my insurance company who say that I have a strong case against them and I could claim through insurance, but for the amount the drive would cost to resurface the probably wouldn't pursue the skip firm as their legal fee would be over £2k.

I would have an excess of £200

DTDfanBoy

Shivers you've been busy in the last 24hrs but you're not exactly thinking things over or taking heed of the sound advice you've had on here. At the moment things are heading towards a win for the skip company and a win for your insurance company

Why not take a breath and reread the thread, if you want to save time you should start with the post by Southcoastgri, if you want to save even more time that's the only post you need to read

a4r0n89

Thanks. Your probably right. Stressing myself out about it, as usual company's trying to screw people over with the terms and conditions rubbish.

So I just need to get their insurance details and then call their insurance out not mine?

a4r0n89

This might sound stupid but do u just ask for his insurance company name and policy number? If he refuses is he breaking the law? What do I do if he refuses?

stator

Essentially you would have to sue them. Their insurer would take over the defense of the claim and pay out if they lose

a4r0n89

Ok, I think it's best I just gp and see a solicitor and then see what they say about the evidence etc I have and if I have a case.

System

Maybe I missed it skim reading... Would you not have to give them the chance to rectify the damage before you would get any award - also if the contractor was responsible for the skip then that is who should be dealing with the company directly, if its not the op that has a contract with the skip company then it makes it more complicated.
The contractors insurance should be covering this or at least doing the claiming.
IMO threatening legal action early is not the way to go about it as it immediately puts everyone's back up and no one wants to get involved in rectifying the issue until the claims are settled

ChumLee

the_r_sole wrote: »

Maybe I missed it skim reading... Would you not have to give them the chance to rectify the damage before you would get any award - also if the contractor was responsible for the skip then that is who should be dealing with the company directly, if its not the op that has a contract with the skip company then it makes it more complicated.
The contractors insurance should be covering this or at least doing the claiming.
IMO threatening legal action early is not the way to go about it as it immediately puts everyone's back up and no one wants to get involved in rectifying the issue until the claims are settled

Why do you state this? I can't see as to why he would have any interest it getting it sorted.

System

Because the contractor would be liable for the damage if they had the contract with the skip company... Its fairly normal that contractors are responsible for removing and disposal of site materials including the skip. So any claims made should be through the contractor.