Evri

Alderbank

Aren't delivery drivers self employed ? 

According to @sheramber above, yes they are.

But I think @Okell is referring us to the recent Supreme Court decision in Barclays v Various Claimants, perhaps to update the law for the gig economy, that non-employees or quasi-employees can sometimes for the purposes of vicarious liability be treated as akin to employment.

ArbitraryRandom

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.

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

I was thinking the same when it comes to cases where damage has occurred to neighbour's properties during building work and the ability to make against the neighbour and *their chosen contractor* 

Particularly as in this case their response says they have spoken to the carrier and apologised for the incident... worst case scenario, if down the line they say it's not them, then they'll need to provide the carrier's details and the OP can name both of them on the claim and the court can decide.  

Okell

Hoenir said:

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 ? 

Hence the asterisk and "whatever"...

Mr.Generous

rscozzy said:

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

Splendid effort. The driver can do both sides of the road at once! Without a home camera this sort of outlandish claim would have been impossible to prove!!

goled

Did you call them? Or did you talk to a manager via the evri customer service chat on their website (there is a Help Center there)?

I'd also send them an official letter (with a copy) on their mailbox to have documentation.

And I agree that you need to contact your home insurance company, maybe they even can guide you on what to do.

IvanOpinion

Our new Evri driver is an ignorant git.

He did a hit and run on my car; it was tight, but he could have easily avoided collision by holding back for a couple of seconds, he chose to plough on through and his wing mirror nearly took mine off. Given the space I firmly believe he did it deliberately. He couldn't even be bothered to stop, I had to chase after him - at which point he made it clear he didn't care less.

This is the same idiot that charges around our streets cutting corners and totally ignoring that children may be playing on the road.

Evri didn't seem to be interested what their driver did, so he now receives only 1 star reviews from us and several others in the neighbourhood, maybe they will get rid of him and put a civil human being in his place (shame, because the previous Evri driver was brilliant).