Contractor burst a tyre on my farm and is charging me with the bill ???

Fat Cant

Had a hedge cutting contractor in cutting hedges on my farm .
He was going in to cut a hedge in a small paddock ,I was with him and opened the gate to let him in and when he went out through the small gateway that does not get used a whole lot a piece of small angle iron sticking up that was in concrete stuck in his back Tyre and it punched it . He now is clamming that I have to pay for new tyre which is costing E1100
Who should have to pay this ?
The contractor said my insurance would cover it ?
I also rang the tyre shop and he told me it can be vulcanised but the contractor does not want this .

vincenzolorenzo

If i was the contractor I'd be looking for something off you as well, maybe not the full price but half anyway. Having a lump of angle iron sticking out of the ground in a gateway is just careless IMO.

ravima

ask you insurers if they will pay - whats the problem?

rancher

Fat Cant wrote: »

Had a hedge cutting contractor in cutting hedges on my farm .
He was going in to cut a hedge in a small paddock ,I was with him and opened the gate to let him in and when he went out through the small gateway that does not get used a whole lot a piece of small angle iron sticking up that was in concrete stuck in his back Tyre and it punched it . He now is clamming that I have to pay for new tyre which is costing E1100
Who should have to pay this ?
The contractor said my insurance would cover it ?
I also rang the tyre shop and he told me it can be vulcanised but the contractor does not want this .

You definitely are entitled to pay him, thats what you pay insurance for.... notify your insurer and tell the contractor to send in a claim, the assessor will give him what he's entitled to.

Tails142

What about the contractors own insurance?

Fat Cant

Tails142 wrote: »

What about the contractors own insurance?

This what I was thinking .

kirving

Doubt it would cover him for a punctured tyre. Angle iron shouln't really be sticking out of the ground, so I see why he's not happy. Also, repairing the tyre ins't really acceptable, it's not 100% perfect as it was when he drove in, and could be more likely to fail in the future. It's like sewing up a seatbelt.

BeeDI

Nothing worse than a contractor, who can't take a joke;)

bbam

In fairness would it not be the case that through your negligence his wheel was punctured, or at least partially your responsibility anyway... Would it not be fair for him to expect the entry to be clear from steel sticking from the ground... If it were a stone or natural object you might have some grounds to stand firm...

I think if in your position I'd be offering to go 50/50 and see from there...

bob charles

your fault buddy. pay the piper

mikemac1

Your fault I'm afraid

It's not a natural hazard or something that nobody could predict, it was just carelessness to leave it there

Inform your insurance company and let them deal with it

Fat Cant

He rang me up and told me that he needs his tractor tomorrow and wants a new tyre on it , i told him i reported it to my insurance and they will deal with it on monday. He insists that i hand him out a cheque tomorrow he also gave me a serious amount of cheek .

leg wax

your fault deal with it and get on, happened here 3 years ago contractor in spreading dung with a huge spreader burst tyre on a angle iron, my fault ,ins paid up for new tyre.

bbam

Fat Cant wrote: »

He rang me up and told me that he needs his tractor tomorrow and wants a new tyre on it , i told him i reported it to my insurance and they will deal with it on monday. He insists that i hand him out a cheque tomorrow he also gave me a serious amount of cheek .

While I would think its your responsibility I wouldn't be taking any cheek or bad manners...
You've offered to put it through your insurance, fair play.. Unless it's ripped to shreds he should have a repair done while he waits for the settlement...

If he continues with crap, give him the road !! (preferably through a clear entry :P)

Nobbies

i,m not so sure on this one either way.it was as poster said anarrow gateway,infrequently used.having worked myself contracting i would always be cautious seeing anarrow gateway and think (hoped) in this case iwould have got down and looked at the width for any irons sticking out or up.experince,s pass would tell me this.also these kind off things go with the terrain of contractors.yes it should,nt have been there but it was.if it where me with the burst tyre idon,t think i,de be looking for customer to pay for tyre in full,i think splitting it would be fairer and lessons learned for both. i.m.o

Agri contractor

Fat Cant wrote: »

Had a hedge cutting contractor in cutting hedges on my farm .
He was going in to cut a hedge in a small paddock ,I was with him and opened the gate to let him in and when he went out through the small gateway that does not get used a whole lot a piece of small angle iron sticking up that was in concrete stuck in his back Tyre and it punched it . He now is clamming that I have to pay for new tyre which is costing E1100
Who should have to pay this ?
The contractor said my insurance would cover it ?
I also rang the tyre shop and he told me it can be vulcanised but the contractor does not want this .

How worn are the tyres ? not much point putting on a new one if the other tyres are any bit worn. vulcanising is a super job when doen right.

martin46585

Agree to replace like with like, but hold on to the old tyre and repair it yourself, maybe the resale will soften the blow somewhat,

Fat Cant

The tyre is about 60% , cant get a second hand 1 . He says he is keeping the old 1 and vulcanising for a dual wheel . I told him that my insurance will handle it on monday .
I have giving him alot of money in the past for other jobs on the farm that he has done E20000 per year and he call me alot of insulting names and my yard. In my eyes he has stepped over the mark .

Nobbies

sounds like he,s getting personal with you.if he,s panicking about only 5days left too cut hedges before the ban,he must have been abusy fellow indeed since last september???he should know better if ur insurance is dealing with it,that it will take time with them.anyway he should have acontingency plan for asmall thing like aburst tyre.

bbam

Are you saying that you give him €20k a year work and now he's being unreasonable?

Bit OTT on his side, leave it to the insurance, give him no cheque or cash.

Then go out and find a new contractor, there are lots of good lads with machinery and looking for work, no need to be taking guff of anyone, he's being short sighted to say the least.

Figerty

The opening description is a little vague. Was the angle iron sticking up from the ground in a place it shouldn't be or was this part of the gate handing/locking system?

If it was visible and not a hazard that he managed to hit it this puts a different complection on it.
It it was a hazard you should have dealt with, then that's a different story. He has a genuine case.

There is term in the Health an Safety Act called 'resonably practicable' was it reasonably practiable to remove the hazard?

If you are paying for the tyre, then I would claim the damaged tyre or let him swing for the difference. You are paying for a replacement,, therefore the original is yours. You aren't buying him a tyre your are replacing damaged goods. See how smart he is then giving you cheek. You have the cheque book!

If he is giving you cheek, then let the insurance deal with it. He can wait.
The customer is always right! and if you are giving him large sums then he should be handling it differently.

lomb

Tell him to politely f off!

ZETOR_IS_BETTER

lomb wrote: »

Tell him to politely f off!

Totally agree with that

Make sure that contractor does not see any work in your place again for giving you that much grief. It will be a €20,000 lesson to him.

limo_100

will the insurance put out straight away for a new tire or will he be waiting a while..(cause I hope f*cker doesn't get it all his own way) and make sure to get the other tire back cause he will end up with two good tires

Farmer Pudsey

If you have notified your insurance it is up to them to sort him out. it is standard practice for him to replace the tyre and hold onto the damaged one for the acessor. However maybe he wanted to get the new tyre money and go and fix the old one and carry on. If you know him keep a check out over the next few weeks

Agri contractor

If the Insurance pay out. Keep the damage tyre get it fixed and sell it, and tell the contractor go f**k himself. Any customer that is giving us 20k a year I would not be unreasonable. Just curious what size and brand of tyre ?

mikemac1

You give him 20k of work and now he's giving you abuse???

Don't even talk to him again on it. Insurance company can sort it and then get a new contractor for future

You informed your insurance company and you are nobodys punching bag

Lots of lads out there contracting who would be very happy for your business


edit, bbam has much the same post above

Curly Judge

20,000 euro per year?
You must have one hell of an operation going on there!

Curly Judge

Figerty wrote: »

The opening description is a little vague. Was the angle iron sticking up from the ground in a place it shouldn't be or was this part of the gate handing/locking system?

If it was visible and not a hazard that he managed to hit it this puts a different complection on it.
It it was a hazard you should have dealt with, then that's a different story. He has a genuine case.

There is term in the Health an Safety Act called 'resonably practicable' was it reasonably practiable to remove the hazard?

If you are paying for the tyre, then I would claim the damaged tyre or let him swing for the difference. You are paying for a replacement,, therefore the original is yours. You aren't buying him a tyre your are replacing damaged goods. See how smart he is then giving you cheek. You have the cheque book!

If he is giving you cheek, then let the insurance deal with it. He can wait.
The customer is always right! and if you are giving him large sums then he should be handling it differently.

This is typical of the land owning class.
Let the serf "phuck off and wait"!
The man is losing money every hour he loses coming to the end of the hedge cutting season.
Other customers he has promised are also left waiting.
Through a clear dereliction of duty on behalf of the land owner he is "off the road".
Pay up and look happy.

the keen edge

Just to reiterate the general sentiment so far.

Do not let this guy bully you!.

Replacing like for like, plus meeting fitting costs should be your maximum exposure; if he's getting a 100% tyre in place of a 60% tyre waive fitting costs.

Do not pay out yourself; let the insurance company deal with this matter.
Source a new contractor, that guy sounds like an idiot.

JOAT

If he is p****d off about losing downtime because of the tyre, have a look through your pit tyres for one that might fit. It might be pretty bald but it would get him back on the road again fast and wouldn't cost you a penny. Might keep him calm until the insurance company can sort him out properly