Damaged a garage fuel pump

se2020

After a bit of advice...

About 6 weeks ago we (a diving club) took a club owned boat down to the coast.
One of the members used his own private 4x4 to tow the trailer.
I was a passenger in the car.

We stopped at a fuel station and, due to the length of car+trailer used the hgv pump to put some diesel in his car.
As we left the garage a bit of a bad manoeuvre took place and the rear of the trailer hit into another of the hgv diesel pumps damaging it quite severely.
We stopped and I went into the garage and told them what had happened. 
The chap behind the counter called the manager,  he turned off the electricity supply for the pump and between us we untangled the pump from the trailer.
The driver asked the manager if he wanted his phone number or insurance details but he said "don't worry, we have our own insurance for this, it happens all the time"

We left but did return to the garage the following day and used the same pump as before to refill with diesel.
At this stage the damaged pump had a few cones around it but was the only one not working.

We purchased new parts for the trailer from club funds and repaired it ourselves.

We have now received a bill from, what looks like a claims management company, acting on behalf of the garage.

This has been sent to the driver as presumably,  they have taken his registration number from the cctv.

This is £2770 for repair of the pump and nearly £44k for "loss of takings over the repair period compared to the previous  5 days trading.

I am guessing it took 5 days to get the pump repaired.
I can also accept that the figure to repair/replace the pump is correct.
But, not £44k in lost sales surely?

Firstly,  I would think that as there were other hgv pumps still working they would still be selling diesel from those although I accept a few drivers may have not wanted to wait and just driven off.

Secondly,  surely they can only claim for the loss of profit on the fuel they 'could' have sold which, according to the retailers own website is only 7p or so a litre.

Our dive club does have insurance in place that covers any damage caused by any members towing the boat around but we have to pay a % of any claims.
The driver also has insurance covering him to tow a trailer so I am thinking the best thing to do is just pass this letter/bill onto one of the insurers but, at the same time, I'm thinking the amount is excessive and we should try and get this reduced first?

Car_54

Pass it to the insurers - that's what you pay them for.
In any case, it's almost certainly a condition of the policy that you pass all claims to them and don't enter into any discussions or negotiations.
Anyway they will be much better at fighting excessive claims than you will - they do it every day.

Grumpy_chap

It is quite possible that the motor insurer will require the details of the club insurer (or vice-versa).

Aretnap

He should pass it on to his car insurer, who will cover his liabilities in full (no excess or percentage to pay on a third party claim). If his insurers think that the amount is excessive they can argue the toss over it - they have a lot more experience with these things than you or he does. It makes little difference to him whether they pay out the full £47K or argue it down to a much lower figure – it's a fault claim on his insurance record either way, and the exact amount will make little or no difference to his future insurance premiums.

Grey_Critic

Even if the clubs insurance pays out he will still be required to declare it -  One question what would have been the alternative if he had not used his own vehicle - does the club own one for example?

se2020

Grey_Critic said:

Even if the clubs insurance pays out he will still be required to declare it -  One question what would have been the alternative if he had not used his own vehicle - does the club own one for example?

No, the club does not own a vehicle. 
We (the members) just take it in turns between those of us that have suitable cars to do the towing.

Thanks for the advice everyone, 
As it was basically the drivers fault he is going to pass this onto his insurance company and let them take it from there..

Sandtree

It should be a claim for loss of profit not loss of takings... pass it to the insurers to deal with as other have said. 

They'll ask them to provide the workings on the £44k and evidence to back up the numbers.

molerat

I can't see how the trailer insurance comes into it whilst the trailer is being towed, it is the driver and towing vehicle that caused the third party damage.  Surely the trailer insurance would cover the trailer for damage and third party damage would be covered only whilst under its own steam - whilst being pushed or rolling down a hill into another vehicle etc.

Grey_Critic

The other question is does his insurance cover him for towing a club trailer.

Sandtree

Grey_Critic said:

The other question is does his insurance cover him for towing a club trailer.

Yes, assuming he has any form of motor insurance

Admiral_Barbarossa

Sandtree said:

Grey_Critic said:

The other question is does his insurance cover him for towing a club trailer.

Yes, assuming he has any form of motor insurance

We will wait and see if Social, domestic and pleasure covers commercial driving a club trailer?