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Accident at work - property damage help!

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Accident at work - property damage help!

Postby Baver » Tue Jun 21, 2022 12:15 pm

Hi everyone,

Whilst working on agency, I had an accident at work back in late Feb which didn't involve my company vehicle. I was moving cages (around 5 stacked together) onsite at a client's location and I hit a bump in the gravel which caused one of the cages to fall over and hit someone's car on the side panel. I followed the procedure my boss (client) told me to do which involved calling the insurer on the bump card. A month after that the insurer came back and said they were not responsible for it, as it didn't involve the company vehicle and that it would be dealt with under the company's (client) public liability insurance. I left the client about a month a go and terminated my employment with the agency. It was not reported to the agency at the time as I believed the company (client) had it under control.

I just received a text message from the person whose car got hit telling me the company (client) told me that it's not their responsibility, as it did not involve the company vehicle and that it is the driver's responsibility.

What should be my next move to get this problem resolved?

Thanks
Baver
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Re: Accident at work - property damage help!

Postby tachograph » Tue Jun 21, 2022 12:39 pm

You need to make an appointment to see a solicitor and get proper legal advice.

I could be wrong but I would have thought the agencies insurance should cover, it's unfortunate that you didn't report it to the agency at the time though.

edit: Just to say that if you haven't already you should talk to the agency about it first, they may do the right thing and sort it out without you having to take legal action.

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Re: Accident at work - property damage help!

Postby Baver » Tue Jun 21, 2022 3:53 pm

tachograph wrote:You need to make an appointment to see a solicitor and get proper legal advice.

I could be wrong but I would have thought the agencies insurance should cover, it's unfortunate that you didn't report it to the agency at the time though.

edit: Just to say that if you haven't already you should talk to the agency about it first, they may do the right thing and sort it out without you having to take legal action.

Sent from my mobile.


Thanks for your message. I spoke to the agency and they said they don't offer 3rd party cover, which makes me think the client would have to have some level of cover for this type of thing, right? Surely I couldn't work without some level of cover? Looks like I need to keep chasing people to get to the bottom of it... just been going on for months. Mentally exhausting, not to mention feeling sorry for the other guy who still has a massive dent in his BMW...
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Re: Accident at work - property damage help!

Postby dozy » Tue Jun 21, 2022 4:23 pm

Should anyone ( agency in this case ) be giving out you personal details ,who to say the owner of the damaged car isn’t going to find your address out & turn up on your door step
I instructed my mrs / my girl to only give out ins company / policy no & reg no ( though most take a photo anyway these days of reg ) , both have been instructed under no circumstances to give out name / address or tel no.
I personally would be having a word with the agency about giving out my personal details
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Re: Accident at work - property damage help!

Postby the maoster » Tue Jun 21, 2022 4:37 pm

The agency don’t offer third party cover? They’re lying, plain and simple. As Tachograph suggested above seek professional advice PDQ before this has a chance to bite you in the arse.
Jail the Dozy 1.
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Re: Accident at work - property damage help!

Postby stu675 » Tue Jun 21, 2022 10:14 pm

It should be employers liability cover, because the agency employed you.
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Re: Accident at work - property damage help!

Postby Roymondo » Wed Jun 22, 2022 3:38 pm

dozy wrote:I instructed my mrs / my girl to only give out ins company / policy no & reg no ( though most take a photo anyway these days of reg ) , both have been instructed under no circumstances to give out name / address or tel no.


Giving your name and address at the scene (and the owner's name and address if it's not your vehicle) is a legal requirement under S170 Road Traffic Act 1988.

I hope your "instructions" tell them to go immediately to the nearest police station to report the collision...



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