Delivery Truck Damaged Neighbours Driveway

EmmaJa · 4 September 2017 at 2:53PM

Hi,

I need some advice please. Sometime last year we had a leak at the top of the driveway (on the footpath). The water streamed down mine and my neighbours driveway for a few days and was quite a torrent, it ended up going underneath crack in the driveway (mostly on neighbours side , lifting part of it up). Today we had some slabs delivered and I'd asked my neighbour if he could park off his drive so the lorry could come down to deliver and he agreed. When the delivery came my ex was there to meet him and the driver said asked him if it be ok to reverse the lorry down the driveway as it MAY cause some slight crumbling to the driveway. So my ex said yes ok as the driver didn't appear to be that concerned. Part of my neighbours driveway has now crumbled to nothing and parts of it has lifted to the point so you cannot get a car down, it has completely ruined part of it. The delivery company will not accept responsibility as they said we gave permission (although we wouldn't have known the weight would cause this much damage). My neighbour has asked if we can go through insurance but mine won't pay out for neighbours driveway. So now I need advise on how to proceed , do I take this further with Anglian Water or the delivery company, is it our responsibility or is it the delivery company not making a professional judgment, should they have recognized this would happen and should they have also sought permission from my neighbour. I cannot afford to replace the driveway but it was already in bad condition so should I have to replace with new anyway? I am now worrying like mad and don't know what to do or where to go next

Tom_Jones · 4 September 2017 at 4:12PM

Sorry but as you gave the driver permission, the liability is with you. If as you say the driveway was in poor condition before the lorry have a chat with your neighbour as to the way forward

phill99 · 4 September 2017 at 6:54PM

But they did make a professional judgement by advising that the lorry may damage the driveway. You accepted this and therefore liability has shifted to you, not the delivery company.