Freelance Climber Needed

[ukminch]

Am i right in thinking then that if both the contractor and the free lanceclimber (working on the same job) had insurance, whoever caused the accident it would always come down to the contractors insurance?

 

It would be the contractor in the first place, then their insurance company could chase the free lance climber if they thought they had a case to recoup their costs.

 

My status is if someone is directly working for me however employed for tax reasons my insurance covers them and the same the other way round. Unless it's a bona fide subbie job, ie my truck, my chipper, my crew, or their gear if I've subbed it to them

 

R

[treequip]

:congrats:

 

Incidentally soon as we've derailed. Someone explained it to me that you would need EL to employ a subbie climber but then if they broke something you could use there public liability providing that was all agreed upon in advance. It is black and white in my mind but it's amazing how you can mix the colours to make it grey if you want!!

 

If you are using insurance the insurer decides where the claim lies, you can’t decide to claim on one policy or the other, one thing is for sure both insurers would love to get out from under.

 

Here is a thought (because this thread isn’t far enough off topic yet), there are only a few underwriters covering ARB, what are the odds of a freelancer getting it wrong and both parties having the same underwriter.

[Peter]

This issue will never be resolved unless something goes very badly wrong and the whole thing ends up in court.

 

You can agree amongst yourselves whose insurance to claim on beforehand if you want to, but as Andy says its up to the insurance companies to decide who is at fault, just as if you had a car crash.

[ukminch]

If you are using insurance the insurer decides where the claim lies, you can’t decide to claim on one policy or the other, one thing is for sure both insurers would love to get out from under.

 

QUOTE]

 

True enough. I like a simple life so just accept that anybody working for me is my responsibility, and hence my insurance companies responsibility.

 

R

[Matthew Burton]

This issue will never be resolved unless something goes very badly wrong and the whole thing ends up in court.

 

You can agree amongst yourselves whose insurance to claim on beforehand if you want to, but as Andy says its up to the insurance companies to decide who is at fault, just as if you had a car crash.

 

Would I be right in thinking that its not a requirement for a freelance employee to carry any insurance? So is perhaps in their interest to make sure they are not insured as an individual so It cant come back to them and their insurance?

[Peter]

If they have acted recklessly or negligently they can be sued regardless of whether they are insured or not.

[Rupe]

If you are using insurance the insurer decides where the claim lies, you can’t decide to claim on one policy or the other, one thing is for sure both insurers would love to get out from under.

 

Here is a thought (because this thread isn’t far enough off topic yet), there are only a few underwriters covering ARB, what are the odds of a freelancer getting it wrong and both parties having the same underwriter.

 

That kind of sums up the madness of it all, you could have the same underwiriters gettign paid twice for the same claim regardless of whos policy pays out.

 

IMO it would be rare to claim from the freelancers policy. I know freelancers who have insurance to cover their own work (which is fair enough) but its important that when they renew they only state the £££ they earned on their own jobs as the amount they want to insure. Any work done while freelancing should not be included in their turnover as it is irrelevant.

[Johny Walker]

can we get back on track ,the guys looking for climber with own p/l, whats wrong with that ??? surly we dont need all this b/s regarding the matter in hand ,

 

is there any takers for this postion ???

[Tony Croft aka hamadryad]

dont have pl

[Johny Walker]

dont have pl

 

tony,

 

get some its not that much ,if only doing jobs here & ther ,