Potential claim query

[monkeybusiness]

I’d appreciate some hive-mind thoughts on the following situation please all!

We reduced a large conifer hedge on a chicken farm with a hired in access platform (genie-type self-propelled boom jobby). 

One Friday afternoon after we had packed up and gone home the farmer called to say the local biomass company had reversed a wagon into the machine whilst delivering woodchip (within an hour and a half window after we had left site) and caused significant (circa £15k) damage to said MEWP. It was the only vehicle into and out of the yard within the timeframe, there were wagon skidmarks on the floor, and a freshly tipped load of chip. The wagon left without the driver alerting anyone to the incident. 
I contacted the firm who acknowledged their truck made the delivery within the timeframe, but their driver has denied anything happened and they reckoned they couldn’t find any damage on their truck. 
They subsequently passed it on to their insurers who have stated that the onus is on us to prove they did it - we have provided photos and times but they are refusing the claim. 
I have yet to speak to my insurers as would rather avoid a hired-in-plant claim (or any claim for that matter!). 
Can anyone shed any light upon where I stand? The truck driver has left the scene of an accident (even though it was on private land) - is that an angle I should consider? 

[Mark Bolam]

I’d be considering any angle I could in these circumstances Dan, even involving the police if necessary.

(Not that I think they would mobilise a SWAT team or anything).

 

The driver is a prick and deserves everything he gets.

[dumper]

Difficult I’d be looking for paint transfer on the genie, if not you need to find the trailer

[GarethM]

Surely the farm would have CCTV of the vehicle, even my place has it on the entrance.

[AHPP]

Try a bit of latin on them if you can pronounce it right and sound confident. They've said he who alleges must prove. To which you might say res ipsa loquitur and if it goes to litigation then they'll get roasted in costs for not admitting something so obvious from the outset.

 

Unless a farm vehicle could have been driving around it. Then it isn't obvious and they're on firmer ground. Gut feeling is you need some proof. There's always the possibility the farmer did it and ordered a quick wagon of something to cover his tracks.

 

Making off is a good idea. Don't know the answer but worth looking into. Get pocket sergeant or something.

[Stubby]

58 minutes ago, Mark Bolam said:

 

 

The driver is a prick and deserves everything he gets.

If you can get the judge to say this ....jobs a goodun . 🙂

[monkeybusiness]

32 minutes ago, AHPP said:

Try a bit of latin on them if you can pronounce it right and sound confident. They've said he who alleges must prove. To which you might say res ipsa loquitur and if it goes to litigation then they'll get roasted in costs for not admitting something so obvious from the outset.

 

Unless a farm vehicle could have been driving around it. Then it isn't obvious and they're on firmer ground. Gut feeling is you need some proof. There's always the possibility the farmer did it and ordered a quick wagon of something to cover his tracks.

 

Making off is a good idea. Don't know the answer but worth looking into. Get pocket sergeant or something.

I’m certain the farmer didn’t do it - he’s not like that. 
My other angle is where do I stand billing the farmer for the damage? It happened on his job in his yard, and the damage was caused by his supplier (who he apparently spends £250k a year with across a couple of farms(!). He is a very nice bloke and is as frustrated as I am about the situation. 

[Mike Hill]

The damage is on you if you can't prove it's the truck that did it.I expect the hire fee for the mewp included insurance?

 

Farmer has nothing to do with this.

 

 

 

 

 

[monkeybusiness]

49 minutes ago, Mike Hill said:

The damage is on you if you can't prove it's the truck that did it.I expect the hire fee for the mewp included insurance?

 

Farmer has nothing to do with this.

 

 

 

 

 

I can’t prove it was or wasn’t the truck or was or wasn’t the farmer, but I know it was one of them (and all the evidence the farmer provided to me and I subsequently witnessed first hand points towards the truck).
The farmer told me about the damage and said the truck did it. 
However it happened we were working under the farmer’s instruction, parked the machine where he told us to, and the job wasn’t quoted and hasn’t yet been invoiced. 

I’m not sure that it’s not something I can bill on, in the same way that the hire company are billing it in to me. 
But that’s a situation I’d obviously rather avoid!

[swinny]

I'd personally get my arse straight down to this wagon yard for a look around especially if you know the reg. **************** having a fast one pulled on you.