Landlord’s contractors damaged cars - nobody owning up

TCA1989

Hello,

sorry if this is in the wrong section.

A few weeks ago I caught my housing association’s landscaping contractors leaf blowing all of the dirt they’d just cleaned from the kerbs at several parked cars. When the dirt (mud, leaf debris, stones etc) inevitably landed all over the cars they proceeded to leaf blow the cars for around 5 minutes, my car was blown at a distance of about 30cm all over the windscreen, bonnet and bumper.

Sadly this was caught on my cameras so I wasn’t there to challenge them, although the footage is extremely clear including number plates, faces and the whole saga was in shot. 

When I got home sure enough the car was covered in stone chips and the windscreen visibility was totally blocked by dirt, my front parking sensors were constantly detecting something so I cleaned these off and have found one is badly chipped, I suspect this is the one now constantly detecting an obstruction. My car is relatively new and otherwise in absolutely pristine condition.

Annoyingly the contractors were all in plain vans and one rental van, so no lead there on who it was. My housing association are ignoring my repeated attempts to get the contractor’s details and insurance details, I’ve also asked for the HA’s insurance details. I’ve asked every 24h for 13 days now, and each time I’ve been told “we will get you the details within 72h”.

I can already see the stone chips, which have taken the car down to the bodywork, are starting to corrode. This level of damage will likely void my 10 year paintwork warranty too.

I have a feeling the contractors weren’t officially supposed to be doing the work, the contract was very recently awarded to a local company after expiring with a national company. None of the contractors in the footage are in the local company uniform etc. whereas when you see this company working they’re always in branded vans and in unfiorm.

Who can I go to to get this sorted? There is a total of 4 cars (all 2021 or newer) that have been damaged. I’ve only thought about it today, but is this something for my own insurer? I’m reluctant to tell them as last time I told them about an issue like this (lorry clipped my parked car, settled by haulage company without insurer) my premiums went up as I’d had an “accident”.

Thanks!

SiliconChip

Send your HA a Letter Before Action for the amount that you're claiming and saying that you'll commence a Small Claim if payment is not received within a set period (maybe 14 or 28 days). Whether you carry through the threat if they don't pay up is then up to you.

TCA1989

SiliconChip said:

Send your HA a Letter Before Action for the amount that you're claiming and saying that you'll commence a Small Claim if payment is not received within a set period (maybe 14 or 28 days). Whether you carry through the threat if they don't pay up is then up to you.

Thanks.

I guess the best way is to get a reasonable
quote for the repair/cost of the valet to get the car clean again and send that as the amount I am claiming? 

Herzlos

Yeah, give them a figure to pay you by x date or you'll take them to court. Whether they pay it themselves or get it from the contractor isn't your problem.

HampshireH

Your first step is to submit a complaint and follow their complaints process.

Give them an opportunity to resolve it. (Not just asking for a call back) 13 days on the trot.


State your complaint and your desired resolution with the evidence you have to support it. Put a formal request in it to claim through their insurers as part of the complaint stating so far your request has been denied 

Most HAs have a 2 stage complaint process before ombudsman 

[Deleted User]

Not sure it's worth complaining. They owe you money, that's the thing to focus on.

Cleaning it won't be enough if the sensors are damaged or the windscreen is chipped. New sensors, new windscreen, probably a partial respray if it's done that much damage.

Might be an insurance job. At least that way you don't have to deal with it, your insurance company will chase them for the money. There are downsides though, like higher insurance costs and no control over how much effort your insurer puts in to recovering your costs.

TCA1989

Is there a legal requirement for them to give me the contractor’s info and/or their (the contractor’s or the HA’s) insurance details? 

They’re now saying nothing other than I have to submit a claim through my insurance. 

Nobbie1967

Not sure there’s a legal requirement, but if you send them a ‘Letter before action’ outlining your losses and indication that you will take them to the small claims court to recover them, they will most likely give you the contractor’s details to avoid the hassle.

DullGreyGuy

TCA1989 said:

Is there a legal requirement for them to give me the contractor’s info and/or their (the contractor’s or the HA’s) insurance details? 

They’re now saying nothing other than I have to submit a claim through my insurance. 

No, and insurances like PL which are non-mandatory are for the benefit of the buyer not the third party... for compulsary insurance like EL and Motor there are public registries and you can effectively claim directly. A company can decide if to involve their PL insurer or deal with the matter themselves.

Given the OP has the vehicle reg they may be able to get the details of the registered keeper from the DVLA. Certainly if it were an RTA he could and I suspect stating the passenger got out and then caused damage may be sufficient for them to release the details. 

tripled

TCA1989 said:

Is there a legal requirement for them to give me the contractor’s info and/or their (the contractor’s or the HA’s) insurance details? 

They’re now saying nothing other than I have to submit a claim through my insurance. 

No, they do not legally have to provide any insurance or contractor details. I would just claim off the HA as they are the ones responsible for the work being done and negligence by any contractors they use.

You do not have to submit a claim through your insurance, it is your choice whether to claim off your own insurance or not. Indeed, if you only had third party car insurance, you wouldn't be able to claim off them anyway.

Assuming you do not claim off your own insurance, then as previous advice has said, get a couple of quotes for the necessary repairs. Your choices are either to make a formal complaint to the HA and go through their complaints process, or send the quotes in writing (with proof of posting) to the HA. If they do not respond, after 14 days, send them a letter before action. After 28 days, it is your decision whether or not to go ahead with small claims action.

BEBELUCA2017

Are the HA vicariously liable for the actions of the contractors though?  If they are indeed contractors, they aren't employees of the HA and so the HA may not be responsible for the actions of the contractors.