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#1 Posted : 17 May 2002 01:38:00(UTC)
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Posted By David .J. Minnery Local Authority engaged contractor to demolish buildings, contractor sub-contracted to another contractor, who in turn sub-contracted to another to remove rubble/debris from site. Third contractor loaded trailer over and above the sides, no boarding or netting,while passing my car rubble fell off of the trailer causing damage to my car parked outside my home. after a lot of chasing, I contacted LA who gave me first contractors contact details, when I contacted first contractor he initially blamed second contractor, who in turn then blamed third contractor [ are you still with me on this ? ]. I then went back to LA who told me that after they engaged first contractor [checked his insurance etc] he can then sub-contract work to whoever he wishes without reverting back to LA. The first contractor then telephones me and verbally accepts responsibility, asks me to get two estimates for repair and send them to him, after doing this the contractor ignored me and when I finally got to speak to him he denied any resonsibility, denied that his driver [the third contractor] knew anything about it. I then got another call from first contractor saying that third contractor was responsible and that he was self employed and to take it up with him personally. Damage to my car is £400.00 plus, loss of car during repairs etc, at the time I did report incident to the police, question is who do I pursue for losses ? The Local Authority , Contractors 1 , 2 or 3 or everyone involved and let court decide [don't want to lose no claims]who is liable for damage [contractor 3 stated that he was working for contractor 1 as did contractor 2 and contractor 1 stated he was engaged by LA. HELP !!!!!!!!!!!!!!!!! Regards David
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#2 Posted : 17 May 2002 06:47:00(UTC)
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Posted By David Partington I should sue the Principle Contractor (1st) doudtless the LA has a statement in their contract with the 1st contractor which exonerates them of liabilities in all but exceptional cases. This 1st contractor had control over the activities of the 3rd contractor and they should have ensured that the activities were safely undertaken and therefore their failure to do so demonstrates a negligent act to you and therefore you should be able to recover your losses on the basis of this negligent act. Regards.
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#3 Posted : 17 May 2002 08:45:00(UTC)
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Posted By Martyn Hendrie You indicate that the accident happened outside your home, it was therefore I presume on the public highway. I believe that you should sue the driver/owner of the vehicle as he/they have direct responsibility to ensure that the vehicle was loaded safely. He/they should be covered by their third party motor insurance. Whilst some of the other parties mentioned may have some influence on the loading of the vehicle if it was unsafe the driver should not take it onto the public highway.
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#4 Posted : 17 May 2002 09:20:00(UTC)
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Posted By Allan St.John Holt I would suggest that the practical way to go would be to issue proceedings against all three contractors and the local authority in the small claims court. The court office will give you advice on how to do this. Add your time to the claim, and state the defendants are jointly and severally liable. then you will find that they will all pay attention and probably sort it out without the claim coming before the court. The alternative is to let your insurer sort it for you, although you need to establish first that your no claims bonus is not at risk. Hope this helps, but NB I am not a lawyer and the usual disclaimers apply! Allan
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#5 Posted : 17 May 2002 12:31:00(UTC)
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Posted By David .J. Minnery Thanks to all that replied, especially Allan St John Holt I assumed that I would have to do it this way initially to find out just who is liable, Thanks again Regards David
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