Claim for Gatepost and Gate Damage Caused by Amazon Prime Driver on Home Insurance or Amazon's?

Paulantj

A couple of days before Christmas, an Amazon Prime delivery driver crashed his large van into my solid sandstone gatepost, splitting it and also damaging the timber and wrought iron gate beyond repair.

The weight of the sandstone gatepost alone is around 900 kg (small car) and it is balanced very precariously, despite emergency make-safe measures by a local stonemason. It is going to be a significant building project requiring crane hire and much more.

The driver was trying a short cut reverse after delivery to a neighbour.

Although the driver did briefly stop, he looked down our drive, noticed nobody about and left the scene without leaving any details.

Crash was recorded on my CCTV and van driver and van manoeuvres also captured by two neighbours, but none of these are clear enough to make out vehicle registration number, due to angles, range and speed of vehicle and limitations of the CCTV systems.

I do have the Amazon Prime customer name and Tracking ID. I believe (hope) that the van suffered non-negligible damage also.

Amazon's been an absolute pain to deal with, but I am cautious about losing the no claims discount on my home buildings insurance. I also don't see why I should suffer the large excess that I chose to keep the policy affordable, when it is a clear cut case of an Amazon Prime driver driving without due care and attention and failing to report an accident.

My insurance policy includes a reasonable amount of legal cover.

I have no idea which is the preferable route - claiming on my own home insurance, or on Amazon ARC's, with or without my insurer's legal cover to push Amazon, or whether initiating one claim route will block off the other possible routes.

I basically want to maximise the recoverable expenses, while minimising long term additional costs to me.

I reported the matter to the police, my own insurers and Amazon, but none have been very helpful or responsive so far.

This incident ruined my Christmas and New Year and looks like it is going to require a lot of effort and expenditure on my part to get fixed.

Tips and advice greatly appreciated.

While I am here, I should give a thank you to MSE for facilitating me finding a very highly rated home insurance policy at a reasonable premium, likewise for my car insurance. In both cases, though, I have very short no claims periods, as I relatively recently moved to UK, so had to start from scratch.

sheramber

Amazon divers are self employed so you need to claim from the driver.

Paulantj

sheramber said:

Amazon divers are self employed so you need to claim from the driver.

Amazon will not provide driver details to me, but have passed me on to their insurer, ARC.

Police will not assist as I do not have vehicle registration number.

The van was clearly marked with Amazon Prime livery and the driver was wearing Amazon branded uniform.

Mark_d

This incident is down to negligence on the part of the Amazon driver so Amazon have to accept responsibility.  You have CCTV evidence and even tracking number for the specific delivery.  Amazon should have GPS tracking data which could confirm where the van went.

I would expect ARC to resolve the issue for you.  It's shouldn't be difficult to for them to see that the Amazon driver was at fault.

If things don't go as smoothly as they should, I wouldn't worry as your legal cover would allow you to recover all losses from Amazon (or their insurer)

Aretnap

How old were the post and gate?

I ask because one thing to be aware of is that Amazon and their insurer will only be liable on an indemnity basis. Which means that their liability is limited to the loss you actually suffered - they don't have to do anything that would leave you better of than you were before the accident.

Which in turn means that if your old and slightly shabby gate needs to be replaced with a brand new one, they would be entitled to make a deduction from the cost of doing that, to reflect the age and condition of the gate. (If you're lucky they might just pay the full cost, but they don't have to).

Whereas if you claim through your home insurance it will usually offer new for old replacement, so you would be able to claim the full cost of repairs, less your excess. Your excess would still be something you could recover from the third party insurer (barring any complications around the fact that you don't know who actually caused the damage).

Paulantj

Aretnap said:

How old were the post and gate?

I ask because one thing to be aware of is that Amazon and their insurer will only be liable on an indemnity basis. Which means that their liability is limited to the loss you actually suffered - they don't have to do anything that would leave you better of than you were before the accident.

Which in turn means that if your old and slightly shabby gate needs to be replaced with a brand new one, they would be entitled to make a deduction from the cost of doing that, to reflect the age and condition of the gate. (If you're lucky they might just pay the full cost, but they don't have to).

Whereas if you claim through your home insurance it will usually offer new for old replacement, so you would be able to claim the full cost of repairs, less your excess. Your excess would still be something you could recover from the third party insurer (barring any complications around the fact that you don't know who actually caused the damage).

Gate post at least 100 years old. Gate previously rebuilt at least once - at most 50 years old. I don't expect new either, but both should be restored as they were.

18 inch x 18 inch (46 cm x 46 cm) cross section stone gate posts last for centuries - or until an incompetent van driver reverses at full tilt into them, someone drops bombs on them etc.

Keep_pedalling

Aretnap said:

How old were the post and gate?

I ask because one thing to be aware of is that Amazon and their insurer will only be liable on an indemnity basis. Which means that their liability is limited to the loss you actually suffered - they don't have to do anything that would leave you better of than you were before the accident.

Which in turn means that if your old and slightly shabby gate needs to be replaced with a brand new one, they would be entitled to make a deduction from the cost of doing that, to reflect the age and condition of the gate. (If you're lucky they might just pay the full cost, but they don't have to).

Whereas if you claim through your home insurance it will usually offer new for old replacement, so you would be able to claim the full cost of repairs, less your excess. Your excess would still be something you could recover from the third party insurer (barring any complications around the fact that you don't know who actually caused the damage).

The post could be as old as 400M years if they were old red Devonian sandstone. 🤪

DullGreyGuy

In theory you are likely to be in a similar position either way, if you claim off your insurance then you can recover your excess from the drivers insurers. Your own insurance is presumably new for old and therefore avoids the betterment debate however it's likely to have greater impact on your renewal premiums. 

Just note that if you do deal directly with their insurance then you have no rights to go to the Ombudsman if the claim goes wrong, your resolution would be in the courts. 

dunstonh

Anonfromuk said:

Avoid Tesco insurance. Its worthless when you want to claim. They use claim handlers for their Family Guard cover, ARC Legal, who are untrained agents and will refuse your claim as standard. The claim handlers ARC legal are in turn owned by AM Trust who have been in a massive securities scandal in the US and been forced to pay $10 million https://www.sec.gov/news/press-release/2020-135 Google the reviews of Tesco Home insurance and see the nightmare people have and if you have had problems report it to WHICH who are investigating ARC Legal. The FCA made a decision against Tesco insurance but they have just ignored it. Look at this poor bloke and his claim for a fire . https://www.youtube.com/watch?v=-A1isFC03hY&t=1s We made a claim on the Legal Guard but ARC just talk crap and refuse our claim. Tesco don't want to know saying we have to deal with ARC Legal. The policy is advertised as FIVE STAR DEFAQTO but it means nothing. Our solicitors and a WHICH Solicitor and Insurance expert Insurance expert have said the policy we have covers our claim. If you have had issues contact WHICH. The more people who complain then the more it will damage Tesco's reputation and get it in the news.

I'm sorry, but I am missing the relevance of your post for this thread?
i.e. something must have made you drag up this dormant thread to post your unrelated vent.  There are also inaccuracies in your post.

Aretnap

dunstonh said:

I'm sorry, but I am missing the relevance of your post for this thread?
i.e. something must have made you drag up this dormant thread to post your unrelated vent.  There are also inaccuracies in your post.

He posted an identical rant on a dozen or more threads, few or none of which it had any relevance to. You must have replied just as the posts were being deleted.