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Replies
Can you clarify that your insurance company would be willing to pay out if you admitted fault?
What is the value of the damage?
Assuming that this would be covered by your insurance what would the excess be on your policy and any additional premium increase upon renewal as a result of this claim?
If it was me and I was adamant that we were not at fault then I would put pressure on the insurance company to support me or failing that let the person take me to court.
However if the “repair bill” is affordable may be just settle without admitting fault to show goodwill.
As much as you trust staff I have been "hit" with “it wasn't me reply” quite a few times and on one occasion to have video evidence showing otherwise!
Out of interest do you have in your terms of contract with your employees that they will be held liable for any damage? I know that in this case you can’t prove who done it (if at all) but I can't see why as business owner we should take the hit for staff carelessness.
Good luck and finally I am sure a wiser member than me will give you a more detailed suggestion as to the correct way of progressing this.
can they not sue the contractors?
have they got any proof it was your workers?
ask your workers if they are prepared to deny any damage in court (this will see what there truthfull reaction is !)
if they have sacked you - are you still being paid ? what is terms of contract ?
what is reason of terminating it - is it fair? i would pass it back to them and ask them if they want it to go to court !! - it might just make them think about there position!
you have to be strong and stick up for your 'rights' - it is not all your fault if at all.
i think the crux (your position) is you should not have been 'falsely accused' or 'sacked from job' or they would be reasonable people in the first instance - i think its an excuse .
was it a public area ? other busy people around? was car parked correctly?
was the scratch done before? explain and stand your ground to your insurance or tell them you will cancel it . note * if you are sacked and no-longer work there -YOU ARE NoT Responsible :-)
they cant All win AND have it both ways - why should you lose your job over a petty thing and a petty customer that could be T- cutted out IMO. 'A' level and HND Law - Reasonableness is the key word in court.... (what is reasonable?) you might have a good case for 'loss of earnings' and false 'accusation'
I deal with higher end claims but occasionally we have an insured with a small problem and that is the advice I would give them. When we were still trading we moved a cast iron monstrosity for a customer to be nice and she then claimed for a pre-existing crack to her PVC fascia. She was a barrister!!! We ended up with her conceding that the works were not undertaken in the course of the contract and she backed down.
Graeme
The insurance company have told me they will pay out, The total bill is approx £600 i havnt yet asked about the ecess on my policy i will find out on monday. They said that they would back me all of the way if it went to court but for such a small amount to pay bite the bullet and let the customer have it repaired now. They also said that if it was to drag out there is nothing stopping the customer getting a hire car from now until the court date which could run in to thousands.
The problem i have is that i wasnt working in the area at that, time i was strimming in another part of the complex. My staff are adament that they didnt do it, So thats why iam stuck iwont own up to anything that neither me or my staff did, If i do i would be calling my staff liars.
Regarding the terms of contract i dont have that they will be held liable in place as i know that they just wouldnt be able to afford it and would rather walk than pay.
ROBIN
I have mentioned in first letter to my insurance company that i was sub contracted but nothing seems to have come of it, I will ask on monday when i speak to them. They have no proof other than the photos the customer took of my mower next to the scratch. My staff will stand up in court and deny all knowledge.
I wasnt sacked just told that they had found someone cheaper to replace me because they were making a loss on me. The last thing the customer said to me was " Iam going to make sure you lose your contract over this" The car was parked in car park bay there was no one around at the time other than us as it was good friday, there was about 40+ caravans parked in the field just behind the car with just a 5ft fence in between with kids playing just behind the fence.
Lara
That was a carbon copy of what my insurance have said to me but they will pay the £600 i would rather have my insurance pay than pay with my own cash lol
Pro
Iam scared of going to court m8 if i lose it could me thousands. I would love nothing more than to stand up and meet him again face to face.
Once again thanks for the replys!
Kieran Ray said:
martin said:
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