Help needed to get what is owing me.

M

monzon

Member
I could write a letter on this subject it is so frustrating :headbang:

To save you all the boredom, I will just get to the question.

My neighbours are having some building work done, in the process a cement truck/mixer was called upon after it had left my car was covered in 50p sized solid lumps of cement. In getting it off it has scratched it horrendously.

The insurance company of the driver (AVIVA) are being a real pain and refusing to accept liability. Is it his fault or the builder/ site Forman - as the cement company has told me and what can I do to get my car fixed.

I should mention that everyone involved has been very apologetic and willing to take the blame - until the quote came through to re-spray it!

Any advice will be greatly appreciated, I want to get this sorted as you can imagine, I don’t mind getting heavy with the legal side of things but who do I approach, cement truck driver or the builder?
 
Ultimately the responsibility must lay with your neighbour? They should be the ones pressing their builder to do the right thing on this. If the builder is reputable they would have public liability insurance that should cover this sort of thing. I'm no legal expert admittedly but to me that sounds like the common-sense approach.
 
Sounds like you're going to need to take someone to the small claims court. I can't see motor insurance covering this and so it will be down to public liability insurance of the company involved as playalistic says or else a civil case against your neighbour.

Citizen's advice are quite good at offering a bit of advice in this situation.
 
It's got nothing to do with your next door neighbour, nor the builder

Your claim is against the owners of the cement delivery truck as they caused the damage and shoudl have appropriate PLI cover on the driver. The only trick may be that many of these trucks are owner driver lorries, but let's assume not and so you just go after them. Drivers always deny responsibility to see if they can get away with it and thier insurers follow suit on whatever the driver says.

I'd go CAB as suggested or direct to your solicitor to start a few letters prior to small claims.

Alan may well be along to offer more specific legal advice.
 
Frustrating, to say the least............... :o :o :o :o

I am also a newby to this site; I've had lots of help, so I guess its good to give something back. I am an owner/director of a company that is involved in similar, construction related matters. A a quick plug; http://www.spiralcellars.com

We are extremely aware of the potential risks in such scenarios. Can you answer the following questions that will enable me to give you the benefit of our experience;

Where was the car parked?
Where was the ready mix truck when the 'delivery' took place?
What works were taking place?
Do you have pictures?

The driver of the delivery truck has a duty of care. If he was on the public highway, his insureres will have to cover him. It is likely that its his company insurance as opposed to motor vehicle insurance. Thats why Aviva are a bit evaisive.

If he was 'on site' then the contractor will have to cover him as it was his site and his site supervision.

You say that you have a full statement of liability. Do you have witnesses to this effect too?
If yes to both questions, you will win your battle. In the meantime, you will have to face the fact that the car will be a constant reminder of the battle.

Do you use the car for work purposes? Other than driving to the 'office' and home. If you do, you can argue that the damaged car is not a representation of your company image and as such, you are fully entitled to a hire car to replace yours (same spec).

Let me know if I can help further...............

Good luck

Ade
 
Can you show pictures of the damaged paint? Why necessarily a respray...?
I would consult with an independant shop, if not too deep, you/professional detailer could polish it ot: plenty of them out there, the bill will not be more than £400-500, and at the end the car will look awesome! Fingers crossed!
 
Thanks guys, Aviva sent a inspector out and the scratches are so deep all panels need re-spraying except the boot. They really did a good job of it :x

ade4200 - thank you for your help - to answer your questions 1. the car was parked on my drive, 2. the truck reversed up our road (a tight cull de sac), and parked on my neighbours drive 3. it is an extension taking place in the rear or their property 4. no pictures were taken of the incident as it was hammering down with rain no one (including me) noticed it until it was too late - however no one has denied they were there (in any case my neighbour has photos of the truck being there)

My thoughts are that it is the drivers responsibility, the problem is the builder stated in his witness statement that it 'could have only been the driver of as the car was stationary and damage occurred after the trucks visit, but I didn’t see cement flying onto his car'

The good news is my dads office is in direct view of everything and he saw the lot. So I am just waiting fro a new witness form.
 
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