Recover uninsured losses from event fire

Flo123000

Our event catering business suffered around £15k of damages when a fire started at our neighbouring food trader’s set-up/stand in the night. The cause is somewhat Unknown, they are saying arson but I suspect some sort of gas issue (they are a hog roast company).

I have photo evidence of the fire clearly starting at their setup then spreading to ours

No-one seems to be playing ball (event organisers or other food trader) and I am at a bit of a loss as to what to do. The equipment is unfortunately not insured. Any advice on how to go about reclaiming losses would Be hugely appreciated.

I briefly spoke to the other food trader’s insurers and they said that unless we can prove they are negligible, we cannot put in a claim (though guess they would say that?!)

Any advice much appreciated. Thank you

Quentin

If you cannot prove any negligence then you have been correctly advised


Too late now, but you needed your own insurance cover


So unless you can prove negligence then it's down to you to swallow the £15k

BooJewels

How were you able to trade at an event without insurance? I make and sell jewellery and can't even attend a local craft fair these days without an insurance certificate on display and have to send a copy to organisers with my application.

I would have thought as a food seller, it would be imperative to have liability insurance and once you're getting that, adding the value of your equipment and things like stock and takings in transit wouldn't be huge - a tiny fraction of what you've now lost.

Flo123000

Yes I did have public liability insurance but sadly I didn’t extend this To cover equipment. Someone mentioned that I only need to prove the fire started with them in order to claim on their insurance

Flo123000

Is the fact they didn’t have a gas cage when their gas canisters exploded into our setup proof of negligence?? This was a necessity to trade at event

dacouch

Flo123000 wrote: »

Is the fact they didn’t have a gas cage when their gas canisters exploded into our setup proof of negligence?? This was a necessity to trade at event

It possibly is.

Their policy is likely to have a number of requirements to reduce the risk of fire eg having a fire extinguisher and / or fire blanket etc.

If they do not abide by the requirements then their policy will normally not cover them. So proving they did not take reasonable precautions may mean they have no Insurance

csgohan4

Insurance is useful only when you need to use it and a rip off/useless when not needed. This is an expensive lesson

eddddy

Flo123000 wrote: »

Is the fact they didn’t have a gas cage when their gas canisters exploded into our setup proof of negligence?? This was a necessity to trade at event

If you believe they were negligent, you can just sue them (the hog roast company) for £15k.

If the hog roast company have relevant insurance, they can pass your claim to their insurers to defend.

If they don't have insurance (or they voided their insurance, e.g. by not having a gas cage), they would have to defend your claim themselves - or maybe just admit liability.

trailingspouse

If they were negligent and if they have insurance that hasn't been voided by their actions, then you have a claim against them that will be paid by their insurers.

If they were negligent and their insurance has been voided by their actions, then you have a claim against them that will only be paid if they have enough money to pay it - probably after a court case.

If they were negligent and have no insurance at all then you have a claim against them that will only be paid if they have enough money to pay it - probably after a court case.

If they weren't negligent then you have no claim at all, regardless of whether they're insured or not.


Which of those scenarios is the actual one is something you will have to find out.