I’m looking for help/advice regarding my insurance claim. Accident happened on 22/05/2015 our driver was pulling loaded tanker trailer (rented by our customer from one of the biggest UK hire company) when it caught on fire.
Inspection (made by hire company) report confirms - “it is most likely that an indeterminable braking fault has caused a significant heat build up on the nearside center wheel position. Eventually leading to the fire. With so many of the braking system components damaged from the fire, it is unlikely that the true cause be clearly identified”.
On 24/08/2015 I’ve receive reply from my Insurance based on report mentioned above – “ I’ve checked your most recent document of insurance and under Section 2 Fire and Theft we explain: What is not covered – Wear and tear, mechanical, electrical, electronic and computer failure, breakdowns or breakages. I’m afraid this means we are unable to deal with your claim on this occasion”.
So, my customer claiming £13,000 for the trailer and £7,000 for the load.
I must to mention that our driver picked up this trailer on the day of accident (22/05/2015), done all usual wolkaround checks and put all OK’s on the checklist.
Now, what I’m trying to understand. Is it all my responsibility and should I pay all amount out of my pocket (What probably will end up my little business) ?
Or should I try solicitors to find ligal way not to pay, or pay only a part of this expensive claim. And for this scenario I would like you, who might have been in similar situations before, to help/advise me on solicitors companies which can do the best in my case.
I’d believe your customer 's claim should be against the hire company, not the haulier. Unless they have hired the trailer without a maintenance agreement, in which case they will have agreed to maintain the trailer.
Any claim involving you, should be you claiming for any losses resulting from being provided with a defective trailer.
I’d make use of any legal protection insurance you have, and speak to a Solicitor Asaph.
I think your customer and your insurance company see you as a soft touch. Your solicitor will need to hit them with a substantial claim on your behalf. Your driver is suffering from post traumatic stress isn’t he?
Nice replies. Brilliant example of how someone with a fresh perspective can turn things around! Amazing
I know a haulier who claimed loss of earings after his lorry caught fire. I don’t know whether/how much he got in the end, but a good solicitor is definitely the way to go!
Good luck!
Thanks for all your replies, much appreciated! Booked an appointment with solicitors on Monday, never use them before. Just in case they’ll be unable to help, can anyone recommend a good solicitor for my case in Midlands area?
They are giving you BS - even if the cause of the fire was mechanical failure or defective part, the failed items would be excluded, but the resultant damage, ie the load & the rest of the trailer would be covered. The policy would cover consequential loss, ie the parts that were damaged/destroyed by the resulting fire
Unless the suggestion is that a fault in the tractor unit caused this incident (extremely unlikely), I cannot for the life of me see why the OP should be liable for this. It just seems like the Big Guns thinking they can take on the Little Man and win.
I would fight this all the way, maintenance of the trailer is the hire company’s obligation, and this is what seems to have failed. You will almost certainly have legal protection as part of your insurance cover, now is the time to use it. Good luck mate, I would imagine we are all in your corner on this one.
Inspection (made by hire company) report confirms - “it is most likely that an indeterminable braking fault has caused a significant heat build up on the nearside center wheel position. Eventually leading to the fire. With so many of the braking system components damaged from the fire, it is unlikely that the true cause be clearly identified”.
1/ Did you sign for the trailer at the Hire Company, or pick the trailer up from your customer’s yard ? What are the terms & Conditions ?
2/ The inspection report states “leading to the fire”.
On 24/08/2015 I’ve receive reply from my Insurance based on report mentioned above – “ I’ve checked your most recent document of insurance and under Section 2 Fire and Theft we explain: What is not covered – Wear and tear, mechanical, electrical, electronic and computer failure, breakdowns or breakages. I’m afraid this means we are unable to deal with your claim on this occasion”
3/ You are covered for “FIRE & THEFT” the cause of the damage was FIRE, for which you are covered, the insurance company have said “What is not Covered” they have not excluded FIRE !!! write back to them and state that the cause of the damage was Fire or get your Solicitor to do it.
Also, you should have a section within your policy for Errors & Omissions, read this !!
