Potential claim query

[dumper]

1 hour ago, Puffingbilly413 said:

I'm guessing you hadn't off-hired the machine before you left site when the job was finished? 

 

Assuming not, then all you can do is pass it on to your insurer with all the info you've stated here and then it's for them to pursue the other party as they see fit.

Even if you off hire the machine you are still responsible for a reasonable time after the off hire, in the case of a twenty tonne digger it’s a week! Only if you return the tool yourself your responsibility ceases at the time of the off hire.

[Puffingbilly413]

2 hours ago, dumper said:

Even if you off hire the machine you are still responsible for a reasonable time after the off hire, in the case of a twenty tonne digger it’s a week! Only if you return the tool yourself your responsibility ceases at the time of the off hire.

Ah guess it depends on the contract and the small print therein. Just read the nationwide ones and they are as you say. That's not what they told me over  the phone last time I hired from them. Pays to read everything.

Edited September 29 by Puffingbilly413

[dumper]

I found out the hard way lucky it wasn’t on my insurance.

[carlos]

On 28/09/2024 at 16:27, monkeybusiness said:

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? 

how did the farmer see the damage? was it that obvious?

[Rich Rule]

1 hour ago, carlos said:

how did the farmer see the damage? was it that obvious?

I would guess the original 12.5k of damage would have been fairly obvious to spot.

 

As for the insurance issue, good luck.  Hope you get something sorted.

 

I cannot understand the HIP insurance though.  Granted I don’t hire that much plant but when I do I always take the insurance offered by the hirer.  After all, it is the customer paying as I pass the costs on and some.

[monkeybusiness]

19 minutes ago, Rich Rule said:

I would guess the original 12.5k of damage would have been fairly obvious to spot.

 

As for the insurance issue, good luck.  Hope you get something sorted.

 

I cannot understand the HIP insurance though.  Granted I don’t hire that much plant but when I do I always take the insurance offered by the hirer.  After all, it is the customer paying as I pass the costs on and some.

Bigger machinery hire companies tend to insist upon it in order to set up an account - as we have the policy in place for these it just seemed to make sense to use it.

I never suspected we would end up with a damage claim, and had zero concern regarding theft or vandalism as it’s a very secure rural location. 
I’ve put it into my insurers and have had a very disconcerting email this afternoon suggesting they may refuse the claim because of the amount of time that has elapsed(!) so I’m really fed up with the whole situation now.

And yes, the damage was very obvious!

[Dan Maynard]

I remember the chap I worked for as a teenager telling me

"we won't make a drama out of a crisis" means

"we'll think of any reason we can to avoid paying out"

 

Just have to follow through, maybe if you can show you have reasonable grounds for the delay?