Thurrock Council broke my windscreen strimming and refuse to pay!!

[Mesterh]

Hi all, and once again, thanks for all your replies.

 

I already wrote this all once, and for some bloody reason I lost it all when i pressed the post button grrrr, so will skip over it again briefly.

 

Phoned Thurrock councils insurance department again today, explained about the safe working area for strimmers, and they still totally deny liability (I was on the phone for about 15 minutes explaining risk assessments etc, and that even if they DID follow HSE guidelines they still caused damage, and that I am entitled to the money I paid back, and that they need to change their policys........, and all she could answer with was they were not liable as they were not negligent...blah di blah) I had real trouble keeping my cool, but am pleased to say I did.

 

Spoke to their insurers, explaining that they WERE negligent as they didn't follow the safe working area of 15M that it states in the hand book, and they promised me they will take a look at the hand book and get back to me, but of course, it was explained to me AGAIN, that I will only get my money back 'IF' Thurrock council are deemed negligent because that is what they are insured for (IE public liability)

 

I also spoke to a very very nice man from HSE, who is going to research the safe working practice for strimmers, on the understanding that I wish to make a complaint towards Thurrock council for their inadequate risk assessment.

 

So fingers crossed huh?

 

On a side note, does any one know why my computer won't remember my user name/pass word for this site, I have to log in every time I make a post, which is damn annoying!

 

Simon

 

That sounds like A big load of bollocks!

 

Surely it was an accident plain and simple, and isn't that the exact reason we pay for insurance!?

 

If the LA are deemed negligent would the insurance then say that they aren't paying out because the LA didn't follow such and such guidelines etc etc?

 

Will be very interesting to find out what happens and why.

 

I would hate there to be any kind of fatal accident involving that LA!

 

 

Good luck I hope it works out for you.

[Graham S]

My advice would be ask them if you can see the risk assesment sheet for that day and also what are there risk assesment criterias for there work , also if the operatives are trained in risk assesments and if so can you see all the relevant paper work , if you smell a rat ask them if you can see the risk assesment book for the last 6 months work , no council in this country saves them i would be very surprised if they did , good luck i will try and get some inside info for you tomorrow my mate works for a council insurance department i shall seek his advice.

[butler]

my advice would be chill:thumbup:

[Simonsnr]

That sounds like A big load of bollocks!

 

Surely it was an accident plain and simple, and isn't that the exact reason we pay for insurance!?

 

If the LA are deemed negligent would the insurance then say that they aren't paying out because the LA didn't follow such and such guidelines etc etc?

 

Will be very interesting to find out what happens and why.

 

I would hate there to be any kind of fatal accident involving that LA!

 

 

Good luck I hope it works out for you.

 

Er, yeah sorry, I got in a bit of a kaffufle there. (Not very good at this remembering, or typing lark) What I meant was, the insurer said that the council were NOT negligent, that they had followed all guide lines,according to a statement from the operative, plain and simple, unless I could prove that the council WERE at fault, (negligent) they considered the case closed. So again I had to mention the safe working area, and he said he would re-examine the whole case. VERY interesting point about if they ARE proved to be negligent, that their insurance WON'T pay. LOL, thurrock Gazette are gonna LOVE that story!

 

To answer Graham S bellow, they sent me their risk assessment, which basically lists All operators are trained to use equipment...PPE to be worn, hi vis jackets and visor, ear defenders supplied (but left up to operator to choose whether to wear them or not). Guards to be in place. Manual handling courses completed, records are kept on personal files. Faulty vehicles, plant and equipment logged with transport reception and records kept. PPE issue records kept. On site monitoring by supervisors.......and in between all that 'Debris cleared when possible prior to work commencing'. A bit about muscle strain, footing ect, but apart from the debris there is NOTHING else mentioned about safety to the public, or property, surely that's not right?

As I've pointed out to every one I have spoken to, it seems Thurrock council have a 'get out of jail free' season ticket here, that allows them to cause as much damage as they like, and NEVER have to pay out .........as long as they tell the insurance company that (I quote) 'All relevant precautions were taken, and that the area was checked for obvious debris and large stones'

Man I WANT a policy like that!! "Yep, I have all the relevant courses, and I put out a few signs and stuff, sorry I dropped that log on your car and killed your dog, just one of those things, ever so sorry......what you want a new car and a new dog? Nope sorry, but I followed the guidelines luv, I'm insured with Zurich, they call it the 'Thurrock mug off policy'

 

As for 'chillin' out, yep. I left the matter for TWO months before chasing it further as I didn't see the point of getting worked up over £65 (Turns out after looking at receipt it was actually only £60)...but it kept niggling me, occasionally popping up in thought or conversation, and so decided to chase it...and 'once you pop, you just can't stop' as Mr Pringle says.

 

 

My advice would be ask them if you can see the risk assesment sheet for that day and also what are there risk assesment criterias for there work , also if the operatives are trained in risk assesments and if so can you see all the relevant paper work , if you smell a rat ask them if you can see the risk assesment book for the last 6 months work , no council in this country saves them i would be very surprised if they did , good luck i will try and get some inside info for you tomorrow my mate works for a council insurance department i shall seek his advice.

 

Thanks Graham, I look forward to hearing what your mate has to say, and looking forward to hearing back from HSE too

[skyhuck]

I cannot understand why people keep talking about risk assessments ???

 

It makes not one jot of difference, what bits of paper or other BS they have. They broke your window, they have to make good.

 

There are no if's or but's.

 

If I was the OP I would be incandescent with rage and would be instructing my solicitor (having first told the council in writing that any cost incurred would be at their expense)

 

May be the council start doing more mowing and less striming.

[geoff]

I cannot understand why people keep talking about risk assessments ???

 

It makes not one jot of difference, what bits of paper or other BS they have. They broke your window, they have to make good.

 

There are no if's or but's.

 

If I was the OP I would be incandescent with rage and would be instructing my solicitor (having first told the council in writing that any cost incurred would be at their expense)

 

May be the council start doing more mowing and less striming.

 

About right,they broke it (established), they have to fix it,up to you to persue it,if you want to enough.

[Dean Lofthouse]

Best thing is save "us" all the cost of paying all the claims and the cost of mowing grass and let everyone mow their own bit of grass outside their house or communal area.

[Mark Bolam]

I would have them executed in front of their families.

[WorcsWuss]

I would have them executed in front of their families.

 

Can we have a 'Like' button on Arbtalk please?!

[butler]

I would have them executed in front of their families.

 

I'd executed their families too.......