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Damage to Property by Company Vehicle

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  • 26-01-2021 1:08pm
    #1
    [Deleted User]
    Posts: 0 ✭✭✭


    Hi.

    Some time ago, I hired a service from a nationally known company, whose vehicle damaged my wall and neighbours wall.

    I appointed a civil engineer/insurance assessor to file a report and to liaise with the company. At the time the driver took responsibility for the damage and requested that contact be made with his manager, which was done. The file then went to the head office in Dublin.

    There was some pre existing damage to both my neighbours wall and mine, however the damage caused by the conpany vehicle was significarnt and necessitated repair to be taken.

    Since then, the company involved are ignoring all numerous telephone contact and numerous written communications from the Civil Engineer/Building Assessors. Apparently the company involved have a track record for doing this.

    It's three years plus later now, and it seems to be no other course of action than to take legal action.

    My neighbour is also in regular contact with me to assess progress whom I feel a level of responsibility for as it was the service that was bought in that damaged his property. In addition I feel that I cannot repair the damage to my property without repairing my neighbours wall at my expense.

    Any advice appreciated.


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    #2
    ohnonotgmail
    Registered Users Posts: 40,184 ✭✭✭✭ohnonotgmail


    This may seem blunt but go talk to a solicitor. 3 years is a ridiculously long time to let this drag on. You must have realised you were being fobbed off long before now. I wouldn't have given them 6 months.


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    #3
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Mod
    When did the vehicle hit the wall? What has happened since then?


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    #4
    [Deleted User]
    Posts: 0 ✭✭✭ [Deleted User]


    ohnonotgmail wrote: »
    This may seem blunt but go talk to a solicitor. 3 years is a ridiculously long time to let this drag on. You must have realised you were being fobbed off long before now. I wouldn't have given them 6 months.

    Yes that's fair comment. I was leaving it with the Civil Engineers/Assessors who made frequent contact over that period. When I called them they said "We'll contact them again". There was also a delay when the local office had staff changes and the paper work fell into a hole.

    I personally phoned the Head office about 10 months ago. The "supervisor" whom I spoke to made a general apology and verbally indicated that the matter would now be dealt with asap, putting the delay down to staff changes in the regional office. Both myself and my representatives have phoned that person on their direct mobile phone, but person is not accepting or returning calls.


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    #5
    [Deleted User]
    Posts: 0 ✭✭✭ [Deleted User]


    nuac wrote: »
    Mod
    When did the vehicle with the wall? What has happened since then?

    Not quite sure what you're asking? The vehicle hit the wall three Novembers ago. The driver waited to show me the damage and advised me to contact the office. All contact since has been from the Civil Engineers/Insurance Assessors offce to the Company involved, and there is a significarnt paper trail of unanswered paper work and phone calls in between. Some amswered, most not.

    As I say, I have to face the neighbour very often to let him know progress.

    The issue seems to be that the company involved wait until the steps of the court before they will settle.....allegedly.

    PS: I think my representatives were reluctant to seek legal advice or take a legal route as this would increase the expense involved. In real terms the initial amount being claimed was probably way less than would ordinarily merit taking legal advice or litigation. Probably much less than 1K. But I'm presuming legal fees would need to be added to that?

    My concern was that as there was pre existing damage to both walls, that the Conpany involved would use this as a defence. The Civil Engoneers/Insurance Assessors stated that any pre-existing damage was irrelevant.

    If I can be as sure as I can be on the above tenet, I will definitely be taking legal action. Any comments on that ? ie Preexisting damage?


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    #6
    Lenar3556
    Registered Users Posts: 1,356 ✭✭✭Lenar3556


    Chauncey Gardner wrote: »
    Not quite sure what you're asking? The vehicle hit the wall three Novembers ago. The driver waited to show me the damage and advised me to contact the office. All contact since has been from the Civil Engineers/Insurance Assessors offce to the Company involved, and there is a significarnt paper trail of unanswered paper work and phone calls in between. Some amswered, most not.

    As I say, I have to face the neighbour very often to let him know progress.

    The issue seems to be that the company involved wait until the steps of the court before they will settle.....allegedly.

    PS: I think my representatives were reluctant to seek legal advice or take a legal route as this would increase the expense involved. In real terms the initial amount being claimed was probably way less than would ordinarily merit taking legal advice or litigation. Probably much less than 1K. But I'm presuming legal fees would need to be added to that?

    My concern was that as there was pre existing damage to both walls, that the Conpany involved would use this as a defence. The Civil Engoneers/Insurance Assessors stated that any pre-existing damage was irrelevant.

    If I can be as sure as I can be on the above tenet, I will definitely be taking legal action. Any comments on that ? ie Preexisting damage?

    In general terms, preexisting damage may well be relevant in an insurance claim. But how it would impact a settlement in this case would be difficult to say without knowing the facts. Perhaps the existing ‘damage’ was superficial or cosmetic in nature, and for that reason your adviser does not believe it is relevant.

    While I certainly wouldn’t advise you to mislead anyone as to the condition of the wall pre-collision, given the circumstances you have outlined, I wouldn’t be volunteering too much history either, especially if it’s not particularly relevant. Like it has been three years........

    Speak to a solicitor.


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    #7
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Wouldn't this be statute barred?

    Really no explanation for waiting 3 years. It's not like the wall was going to heal or need counseling.

    Op, I'm baffled how this could have been allowed rumble on by you. A few months and you should have started to act.


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    #8
    BattleCorp
    Registered Users Posts: 11,758 ✭✭✭✭BattleCorp


    Niner leprauchan wrote: »
    Wouldn't this be statute barred?

    Really no explanation for waiting 3 years. It's not like the wall was going to heal or need counseling.

    Op, I'm baffled how this could have been allowed rumble on by you. A few months and you should have started to act.

    Is the Statute of Limitations for property damage not 6 years?


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    #9
    ohnonotgmail
    Registered Users Posts: 40,184 ✭✭✭✭ohnonotgmail


    BattleCorp wrote: »
    Is the Statute of Limitations for property damage not 6 years?

    It is.


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    #10
    GreenRdBoy
    Registered Users Posts: 23 ✭GreenRdBoy


    Dealing with the company is one thing, but dealing with their insurance company directly would be much better. Tell them you are pursuing a claim, have reports etc completed. Most likely they will move on this, maybe they don't even know about it yet!!


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    #11
    [Deleted User]
    Posts: 0 ✭✭✭ [Deleted User]


    Thanks for responses. Without being too specific, I put my faith in the company that were representing my interests. I had been chasing it up on a regular basis. but was always given the response of "We'll contact them again, we'll give it another go". And I'll accept my responsibility in allowing that delay and procrastination to have taken place. I have however always been requesting legal action for some time.

    The background to this is that reportedly/allegedly the company involved are well know for ignoring claims until the Court steps.

    In relative terms it's a trifling sum of money, but fron a principle point of view I don't want the company involved to get away with it. But I'm not going to make mysefl a Kamikazee case on principle.

    I'm consulting a local Solicotr about it, but I'm quite expecting to be told its not worth it.


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    #12
    AndrewJRenko
    Registered Users Posts: 28,468 ✭✭✭✭AndrewJRenko


    You might be able to avoid the need for a solicitor by going direct to their insurer. If you're not sure who their insurer is, check out the disc on any parked vehicle, though they could possibly have changed insurer in the meantime.


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    #13
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    BattleCorp wrote: »
    Is the Statute of Limitations for property damage not 6 years?

    every day is a school day


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