Evri

rscozzy

We had a parcel delivered by evri they damaged are property when do so it was on cctv which we sent to them and they responded say that the delivery driver was sorry but they have not offered to repair the damage he caused can anybody help on how we should go about trying to sort this Evri customer service is the worst ever you can speak to anybody you have to wait for email from them

ArbitraryRandom

In this situation email is better as it gives you documentation, which is important if you need to take action later. 

If they have not automatically offered a sum of compensation you are happy with, you would need to get a quote to repair the damage (perhaps a couple of quotes) or proof of the cost of materials if you would DIY - then complain to Evri requesting that amount of money. 

They may agree to pay, or you may need to issue a letter before action and take them to small claims. 

Hoenir

Was it an EVRI or personal vehicle that caused the damage? 

rscozzy

The parcel was thrown from the other side of the road  which hit my room window and chipped the glass

rscozzy

This is the email they sent 

ArbitraryRandom

rscozzy said:

The parcel was thrown from the other side of the road  which hit my room window and chipped the glass

... I genuinely have no idea if damage to house windows can be repaired in a similar quick/cheap way to windscreens... 

Might be worth contacting a glazier near you in the first instance to see if it's even worth bothering about. 

Alderbank

You claim off your home insurance of course.

That's what you pay them for. Whether they then counterclaim is up to them.
It doesn't sound like a straightforward claim in negligence. Unless Evri train their operatives to drop kick parcels over the garden fence (which wouldn't surprise some customers) I would expect Evri to use the defence that the driver was 'off on a frolic of his own' and they do not have vicarious liability for his extraordinary performance.

sheramber

Evri drivers are self employed but are required to take out Hermes/Evri courier insurance which includes Public Liability.

DullGreyGuy

You think the Evri driver does a side line in glazing? Or Evri also employ an army of glazer, brick layers, fence contractors and other trades to go around and repair people's property?


You need to get a quote for the repair and advise them that they are liable for the damage to your property and therefore you are looking to them to pay £X and submit the quote as evidence of the cost. 

Okell

Alderbank said:

You claim off your home insurance of course.

That's what you pay them for. Whether they then counterclaim is up to them.
It doesn't sound like a straightforward claim in negligence. Unless Evri train their operatives to drop kick parcels over the garden fence (which wouldn't surprise some customers) I would expect Evri to use the defence that the driver was 'off on a frolic of his own' and they do not have vicarious liability for his extraordinary performance.

Ha!  This brought me back in time and might have been the view when I was a law student nearly 50 years ago...

But I happened to be reading up on vicarious liability last week (in connection with the thread about damage to a neighbour's shed) and apparently the court's are much keener these days to hold employers liable for the negligence (including recklessness) of their employees* when doing their jobs.

I suspect Evri could well be held liable for their employee* carrying out their job in a particularly stupid manner.  (There is one "interesting" case where an employer was even held liable for something their employee had been contractually obliged not to do - punching somebody in the head...)


*Ignoring any complications regarding employee or worker or whatever

Hoenir

Okell said:

Alderbank said:

You claim off your home insurance of course.

That's what you pay them for. Whether they then counterclaim is up to them.
It doesn't sound like a straightforward claim in negligence. Unless Evri train their operatives to drop kick parcels over the garden fence (which wouldn't surprise some customers) I would expect Evri to use the defence that the driver was 'off on a frolic of his own' and they do not have vicarious liability for his extraordinary performance.

I suspect Evri could well be held liable for their employee* carrying out their job in a particularly stupid manner.  (There is one "interesting" case where an employer was even held liable for something their employee had been contractually obliged not to do - punching somebody in the head...)

Aren't delivery drivers self employed ?