Signed for neighbour's parcel, then burgled

simonb4779

Hi! New to the forum and hoping to get some help with a bit of an unusual issue.

While me and my partner were on holiday last week, our house was broken into. Looks like they were after the car keys, but didn't find them as I keep them hidden. They set the alarm off and were in and out within 30 seconds. On the way out they grabbed the Xbox, Wii and a parcel meant for my neighbour that my father in law (who had been round earlier doing some plastering) had signed for.

Turns out the parcel contained £260 worth of dresses my neighbour was trying for her hen do. My insurer say it's not something I can claim for on my contents policy. My neighbour has been onto ASOS and they say it's not their problem.

So my question is, who should be liable for insurance of this? My insurer? ASOS? Delivery company? Nobody seems to know! Any help would be greatly appreciated.

Thanks

Simon

dacouch

Who are you insured by?

Try also posting the question without the insurance aspect, so just about whether Asos are liable to redilver here http://forums.moneysavingexpert.com/forumdisplay.php?f=173

I have a feeling they will need to redeliver

antrobus

simonb4779 wrote: »

...So my question is, who should be liable for insurance of this? My insurer? ASOS? Delivery company? Nobody seems to know! Any help would be greatly appreciated....

Neither ASOS nor the delivery company are at fault. Your father in law might have had physical possession of the property for a time, and thus be held to be the bailee for the parcel, but that only means that he would be required to take reasonable care of it. Which is what he did; no negligence involved. I get the impression that you weren't even home at the time, so you have no liability.

Your neighbour should claim on their own insurance.

simonb4779

Thanks for the replies.

Dacouch - I'm with NFU Mutual. Good call, will also try the other forum.

Antrobus - Yes, we were in France when the break in happened. I'll ask my neighbour about her home insurance.

dacouch

You almost certainly have cover for guests contents however the parcel is not the contents of a guest at your house.

I think the other forum will be able to help you

rs65

I haven't read the whole wording but Contents is defined as:-
Household goods, personal belongings, HIGH RISK ITEMS, MONEY and CREDIT CARDS, which belong to, or are the responsibility of, YOU, YOUR FAMILY or any DOMESTIC EMPLOYEE.

(My bold)

Dacouch and Antrobus - what do you think?

TadleyBaggie

Duplicate thread: https://forums.moneysavingexpert.com/discussion/5608063

dacouch

rs65 wrote: »

I haven't read the whole wording but Contents is defined as:-
Household goods, personal belongings, HIGH RISK ITEMS, MONEY and CREDIT CARDS, which belong to, or are the responsibility of, YOU, YOUR FAMILY or any DOMESTIC EMPLOYEE.

(My bold)

Dacouch and Antrobus - what do you think?

I think that would cover it although for the value of the claim, I think the OP would be best avoiding a claim.

There are posters on the other thread who believe that Asos are still responsible as the parcel has not been delivered to the purchaser as per the contract between buyer and seller

huckster

I think you should speak again to your Home Insurers to see whether they are willing to consider the neighbours parcel left in your house. Although technically it might fall outside of the scope of the cover stated in the policy wording, a good Home Insurers would show some discretion. They are going to be dealing with a claim for other items taken and possibly any damage caused.

The Father is law is not considered a member of the family living at the house and is not a domestic employee. The goods belonged to the neighbour. The policy wording does not cater for the loss situation, however, i think the FOS would be favourable to a claim, if it were referred to them.

The neighbours contract for the delivery is unlikely to assist, as no doubt it would state that delivery into safe keeping with a neighbour counts as safe delivery of the items ordered. I am not sure they can be held legally liable for a loss due to a burglarly at the neighbours house.

System

For the goods to have been left with a neighbour rather than returned as undelivered, the person ordering them must have ticked the box "leave with neighbour" ?
Whenever I have done that there is a disclaimer about taking responsibility for the goods if they fail to arrive.
So unless the delivery driver was acting on his own initiative without authority from the purchaser, I don't see how the delivery company can be liable.