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truck/phone wire damage

  • 28-03-2016 1:16pm
    #1
    horse7
    Registered Users, Registered Users 2 Posts: 3,828 ✭✭✭


    Hi guys,my friend had an unfortunate incident the other day. A truck went by his house and the truck caught and pulled down his overhead phone cable. The cable was attached to his house and caused damage to the front siding of the house. The aluminium cladding has been pulled off the house. The driver has admitted to the incident,and recons the phone wire was too low. Any advise please as to who is liable to pay for damage?


Comments

  • #2
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    I would say that the truck driver is responsbile and liable. He didn't ensure there was enough space before driving in the truck. I wonder if he hit power lines would he be claiming they were too low too?


  • #3
    K.Flyer
    Registered Users, Registered Users 2 Posts: 8,565 ✭✭✭K.Flyer


    horse7 wrote: »
    Hi guys,my friend had an unfortunate incident the other day. A truck went by his house..

    Was he driving on the public road, or driving on the grounds of the property?


  • #4
    [Deleted User]
    Posts: 14,344 ✭✭✭✭ [Deleted User]


    First thing I'd do is see if theres any laws or byelaws etc that state a minimum height for these wires. If there is and his was lower, then i'd say nothing and fix it myself.

    If there's not, then its the truckers fault and I'd ask how hed like to proceed about sorting it.


  • #5
    horse7
    Registered Users, Registered Users 2 Posts: 3,828 ✭✭✭horse7


    K.Flyer wrote: »
    Was he driving on the public road, or driving on the grounds of the property?

    Public road


  • #6
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    horse7 wrote: »
    Public road

    Did your friend get the drivers details and his insurance information?


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  • #7
    horse7
    Registered Users, Registered Users 2 Posts: 3,828 ✭✭✭horse7


    [Deleted User] wrote: »
    First thing I'd do is see if theres any laws or byelaws etc that state a minimum height for these wires. If there is and his was lower, then i'd say nothing and fix it myself.

    If there's not, then its the truckers fault and I'd ask how hed like to proceed about sorting it.

    If there is a minimum height,it's not possible to prove as the cable is gone now. As for fixing the house,its a professional job needed.


  • #8
    [Deleted User]
    Posts: 14,344 ✭✭✭✭ [Deleted User]


    horse7 wrote: »
    If there is a minimum height,it's not possible to prove as the cable is gone now. As for fixing the house,its a professional job needed.


    No, but the height of the truck would be known. Driver will know what his height was, and if he managed to hit the cable, then the cable was lower than the height of the truck


  • #9
    horse7
    Registered Users, Registered Users 2 Posts: 3,828 ✭✭✭horse7


    Stheno wrote: »
    Did your friend get the drivers details and his insurance information?

    Driver called into house with his details.


  • #10
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    horse7 wrote: »
    Driver called into house with his details.
    Would it not make sense that your friend would lodge a claim with the drivers insurance company and get an assessor out?


  • #11
    horse7
    Registered Users, Registered Users 2 Posts: 3,828 ✭✭✭horse7


    [Deleted User] wrote: »
    No, but the height of the truck would be known. Driver will know what his height was, and if he managed to hit the cable, then the cable was lower than the height of the truck

    So you think the phone company should pay to repair the house?


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  • #12
    horse7
    Registered Users, Registered Users 2 Posts: 3,828 ✭✭✭horse7


    Stheno wrote: »
    Would it not make sense that your friend would lodge a claim with the drivers insurance company and get an assessor out?

    Probably a good idea.


  • #13
    [Deleted User]
    Posts: 14,344 ✭✭✭✭ [Deleted User]


    horse7 wrote: »
    So you think the phone company should pay to repair the house?


    Yeah, if they installed the wiring in the first place, and there is a minimum height that should be adhered to.


    If there's no minimum height that's required, then they can just say it's not their issue (and they'd be right).


    Fair play to the driver. I'd have thought he'd see the damage and put the boot down to get as far away as possible. Haha.


  • #14
    Del2005
    Registered Users, Registered Users 2 Posts: 19,100 ✭✭✭✭Del2005


    horse7 wrote: »
    Hi guys,my friend had an unfortunate incident the other day. A truck went by his house and the truck caught and pulled down his overhead phone cable. The cable was attached to his house and caused damage to the front siding of the house. The aluminium cladding has been pulled off the house. The driver has admitted to the incident,and recons the phone wire was too low. Any advise please as to who is liable to pay for damage?

    Was it a standard HGV with a normal load or was it carrying an oversize/abnormal load? If was just a HGV I'd say that the cable was too low and you would be responsible. If it was hauling something oversized it would be the drivers responsibility.


  • #15
    horse7
    Registered Users, Registered Users 2 Posts: 3,828 ✭✭✭horse7


    Del2005 wrote: »
    Was it a standard HGV with a normal load or was it carrying an oversize/abnormal load? If was just a HGV I'd say that the cable was too low and you would be responsible. If it was hauling something oversized it would be the drivers responsibility.

    Furniture truck


  • #16
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    Not legal advice, just a view on the broad issue.

    I suspect that there is a statute dating back to the 1800s that imposes an absolute or strict liability for damage to telegraphic equipment.

    So, the truck owner can dispute the issue of height with Eir.

    Equally so, the truck owner and Eir can dispute liability for damage to the house. It is not the householder's worry as to which of them is liable and to what degree.


  • #17
    12Phase
    Closed Accounts Posts: 1,040 ✭✭✭12Phase


    Easy enough to know the height of a cable based on the two points it was connected to.

    Assuming it wasn't massively sagging it should be quite easy to figure out roughly what height it was at.

    I'm pretty sure this would be an insurance issue anyway between Eir and the truck driver's insurance.

    The home owner doesn't in anyway own the wiring. It's property of OpenEir (aka Eircom Wholesale)


  • #18
    BattleCorp
    Registered Users, Registered Users 2 Posts: 11,790 ✭✭✭✭BattleCorp


    12Phase wrote: »
    Easy enough to know the height of a cable based on the two points it was connected to.

    Assuming it wasn't massively sagging it should be quite easy to figure out roughly what height it was at.

    I'm pretty sure this would be an insurance issue anyway between Eir and the truck driver's insurance.

    The home owner doesn't in anyway own the wiring. It's property of OpenEir (aka Eircom Wholesale)

    Assuming and roughly aren't things that usually go down well in court.

    That said, you are right. It is an issue between the truck drivers's insurance company and Eir.


  • #19
    jimmycrackcorm
    Registered Users, Registered Users 2 Posts: 14,378 ✭✭✭✭jimmycrackcorm


    I've seen low lying phone lines on the side of county roads before. I used to wonder why they were unusually low even if it didn't matter as they didn't cross the road, but seemingly happen to be so...


  • #20
    ted1
    Registered Users, Registered Users 2 Posts: 23,890 ✭✭✭✭ted1


    Op just lodge a claim with the insurance company , if they feel that someone else may be to blame they'll go after them


  • #21
    BattleCorp
    Registered Users, Registered Users 2 Posts: 11,790 ✭✭✭✭BattleCorp


    jimmycrackcorm wrote: »
    I've seen low lying phone lines on the side of county roads before. I used to wonder why they were unusually low even if it didn't matter as they didn't cross the road, but seemingly happen to be so...

    There is usually a lot of slack so that if a pole falls down, there will be enough spare telephone cable to allow it to hit the ground without breaking.

    Those really low dips that you mention are where some of the slack hasn't been spread out evenly.


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  • #22
    12Phase
    Closed Accounts Posts: 1,040 ✭✭✭12Phase


    You may have to go against Eir's insurance for the damage to the house facia.


  • #23
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    12Phase wrote: »
    You may have to go against Eir's insurance for the damage to the house facia.

    Procedurally, the householder should go against both parties. This is on the conventional basis that it is not his responsibility to elect as between Eir and the truck as to which of them is responsible and to what degree. You sue both and the defendants make an agreement or dispute it between themselves.

    If the owner of the house has sustained damage that is going to be costly to repair that might be covered under the household buildings insurance if there is accidental damage cover. The insurers might then get the money back or fund the legal proceedings if there is a denial of liability.


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