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Tom-01

  • Posts: 1348
Accident - Should I pay half?
« on: September 28, 2021, 08:45:41 am »
Hi everyone

One of my guys did a job yesterday, and as he was parking up on the customers driveway he drove over a manhole cover, which collapsed and the van got stuck. (I can’t upload pics on here as file is too big??)

We managed to Jack it up and get it out no problem.

Now the customer is asking me to pay half towards the Bill to get it repaired or about 6 free window cleans (it’s only £20 8 weekly).

Whilst I sympathise with him and was going to ask a few contacts if they could repair it, I’m not sure we are liable for any of the costs?

He had it fixed 4 years ago and has plenty of vehicles parking on his driveway (it’s big and he rents it out to local office workers).

So my argument is many vehicles have parked on it so it was only a matter of time until it buckled and got a vehicle stuck. He’s saying it’s because of the weight of the vehicle that’s done it. It was the front wheel on it.

It’s been courteous contact so far but I’m a bit miffed as surely it’s his responsibility on his land?

Any thoughts?

dazmond

  • Posts: 23966
Re: Accident - Should I pay half?
« Reply #1 on: September 28, 2021, 09:05:47 am »
If you want to upload a pic....screenshot it first and then itll upload....😉

How big is the van?a manhole cover shouldnt collapse just by driving over it....
price higher/work harder!

Tom-01

  • Posts: 1348
Re: Accident - Should I pay half?
« Reply #2 on: September 28, 2021, 09:10:22 am »
If you want to upload a pic....screenshot it first and then itll upload....😉

How big is the van?a manhole cover shouldnt collapse just by driving over it....

Yeah I tried that mate, screenshot didn’t work either.

It’s just a Vivaro. That’s what I said. I also said to him there’s other man hole covers on his driveway so we can’t dodge them all!

Tom-01

  • Posts: 1348
Re: Accident - Should I pay half?
« Reply #3 on: September 28, 2021, 09:14:25 am »

Tom-01

  • Posts: 1348
Re: Accident - Should I pay half?
« Reply #4 on: September 28, 2021, 09:14:52 am »
There we go, pic above ☝🏼

deeege

  • Posts: 5008
Re: Accident - Should I pay half?
« Reply #5 on: September 28, 2021, 09:42:33 am »
Zero chance I’d be paying anything in these circumstances. It’s his responsibility to have suitable safe  parking on his driveway, especially if he’s renting it out for commercial gain.
"....and it's lend me ten pounds, I'll buy you a drink, and mother wake me early in the morning."

Tom-01

  • Posts: 1348
Re: Accident - Should I pay half?
« Reply #6 on: September 28, 2021, 10:06:06 am »
Zero chance I’d be paying anything in these circumstances. It’s his responsibility to have suitable safe  parking on his driveway, especially if he’s renting it out for commercial gain.

Thanks Deegee. I agree. I don’t want to fall out with him and lose him as a customer, I also don’t want to be taken for a mug and pay anything towards something that clearly isn’t our fault.

I might say to him I would actually prefer to go through insurance so get his insurance to contact me - because then I’m sure there’s no way they could put the blame on us.

I’d angle it as wanting to do it professionally as that is what insurance is for.

Pete Thompson

  • Posts: 960
Re: Accident - Should I pay half?
« Reply #7 on: September 28, 2021, 10:36:48 am »
Zero chance I’d be paying anything in these circumstances. It’s his responsibility to have suitable safe  parking on his driveway, especially if he’s renting it out for commercial gain.

Thanks Deegee. I agree. I don’t want to fall out with him and lose him as a customer, I also don’t want to be taken for a mug and pay anything towards something that clearly isn’t our fault.

I might say to him I would actually prefer to go through insurance so get his insurance to contact me - because then I’m sure there’s no way they could put the blame on us.

I’d angle it as wanting to do it professionally as that is what insurance is for.

If you do that, your insurance company will simply pay it immediately and you’ll have a claim against you. They won’t ‘investigate’.

Think how much it would cost to send a man out to inspect the damage (1 day plus mileage) then write a report (few hours) etc. Their costs will be £400 just to do that, and they have no way of recovering those costs even if they find you aren’t at fault.

Even the administration of sending letters and arguing on your behalf will cost a few hundred, and again they can’t recover those costs. They won’t do it. They’ll just pay up.

Plus half of that cost is (£120?) is probably lower than your excess anyway.

Personally I would either flatly refuse to take responsibility, or more likely just pay it and move on. I’ve got way better things to spend time on than worrying about a £120 bill. Its tax deductible too, so you’re only looking at £96.

Tom-01

  • Posts: 1348
Re: Accident - Should I pay half?
« Reply #8 on: September 28, 2021, 10:57:49 am »
Thanks Pete.

Well there’s pictures of the van down the drain, so I doubt anyone would need to come out. Also he’s getting it fixed this morning.

He won’t go through insurance, I’m thinking of saying that so he drops it as it will be his home insurance that he will need to sort it out through.

It’s not really the cost mate tbh. I replace gutter vac poles at £130 a pop throughout the year, so £96 is nothing. It’s the fact that I would never get anyone to pay if that had happened on my property as I would take full responsibility - so yeah it’s a principle thing.

If however we had driven into his house or vehicle then yes I’d take the hit. One of our guys hit a garden light a while back and he covered the cost for that as it’s his fault. So to pay out when something clearly isn’t our fault seems silly to me.

Ched

  • Posts: 441
Re: Accident - Should I pay half?
« Reply #9 on: September 28, 2021, 11:33:10 am »
I have a feeling that that manhole cover is for pedestrian traffic only not vehicle use!
Similar here: https://www.diy.com/departments/clark-rectangular-framed-5t-manhole-cover-l-600mm-w-450mm-t-23mm/35640_BQ.prd?storeId=1132&ds_rl=1272379&ds_rl=1272409&ds_rl=1272379&gclid=CjwKCAjw-sqKBhBjEiwAVaQ9a618nhnmckivZelF7ucGBauU3ZLxdr8zipMv4KTP44uFmJG8QhMp3xoC0M4QAvD_BwE&gclsrc=aw.ds
£26!!!! We had one replaced on our drive and I think it was £80 for one that could be driven over and I believe they only charged us £40 to fit but we were having more of the drive gravelled at the time so they were already there.
Just looked and a proper one rated for car parks etc is £85 https://www.drainagesuperstore.co.uk/product/manhole-cover-and-frame-600l-x-450w-x-41h-cast-iron-b125-class.html
I think he had a man hole cover that was not fit for the purpose and that replacing it with a more suitable one is his responsibility. He is lucky his property didn't damage your van as his insurance could be paying out your repair bill plus loss of earnings!

Maybe suggest that you get an alternative quote as I'm sure it wont be £240.

As you say retaining the customer is important long term but you could pay the £120 and next month he says don't bother with windows again!

Tom-01

  • Posts: 1348
Re: Accident - Should I pay half?
« Reply #10 on: September 28, 2021, 11:48:19 am »
I have a feeling that that manhole cover is for pedestrian traffic only not vehicle use!
Similar here: https://www.diy.com/departments/clark-rectangular-framed-5t-manhole-cover-l-600mm-w-450mm-t-23mm/35640_BQ.prd?storeId=1132&ds_rl=1272379&ds_rl=1272409&ds_rl=1272379&gclid=CjwKCAjw-sqKBhBjEiwAVaQ9a618nhnmckivZelF7ucGBauU3ZLxdr8zipMv4KTP44uFmJG8QhMp3xoC0M4QAvD_BwE&gclsrc=aw.ds
£26!!!! We had one replaced on our drive and I think it was £80 for one that could be driven over and I believe they only charged us £40 to fit but we were having more of the drive gravelled at the time so they were already there.
Just looked and a proper one rated for car parks etc is £85 https://www.drainagesuperstore.co.uk/product/manhole-cover-and-frame-600l-x-450w-x-41h-cast-iron-b125-class.html
I think he had a man hole cover that was not fit for the purpose and that replacing it with a more suitable one is his responsibility. He is lucky his property didn't damage your van as his insurance could be paying out your repair bill plus loss of earnings!

Maybe suggest that you get an alternative quote as I'm sure it wont be £240.

As you say retaining the customer is important long term but you could pay the £120 and next month he says don't bother with windows again!

Ched you’re a star! Thanks mate.

I did say actually when I spoke to him that when he got it replaced four years ago it looks like they didn’t use the correct cover - and what you’ve found confirms it!

I will text him those links and say if I was him I would make sure they fit the correct man hole cover.

Thanks again Ched!

Splash & dash

  • Posts: 4364
Re: Accident - Should I pay half?
« Reply #11 on: September 28, 2021, 11:53:24 am »
That cover isn’t load rated it’s not designed to be driven over as it’s his drive I would say he’s responsible, I wouldn’t be offering to pay anything , we never drive over customers manhole covers if they are like this one  due to what’s happened to you .

Ched

  • Posts: 441
Re: Accident - Should I pay half?
« Reply #12 on: September 28, 2021, 11:54:32 am »
Just so you know I am no man hole cover expert :-) Just did a bit of a google as the silver one looked same as our old one that had started to dip and then what we replaced it with. The B&Q one has a rubber surround not metal but it's still pressed steel which seems to be described as pedestrian only or max 2.5ton but not really for traffic!

Simon Trapani

  • Posts: 1561
Re: Accident - Should I pay half?
« Reply #13 on: September 28, 2021, 12:44:51 pm »
Ched & Splash are spot on. That manhole is not up to the weight for vehicles, just pedestrians. He should have had the correct one fitted in the first place. That’s his problem. Don’t be a mug. Tell him you’re not paying for it & why.

AuRavelling79

  • Posts: 25385
Re: Accident - Should I pay half?
« Reply #14 on: September 28, 2021, 12:55:34 pm »
I had a customer who had a delivery driver slip and fall while making a delivery 'due to a slippery manhole cover' - the cover was on an inclined pathway.

The delivery driver successfully claimed against my customer's house insurance.

The customer had the cover painted in antislip rubber paint afterwards.

Your customer is lucky you aren't claiming for a damaged van.

I would politely but firmly tell him that and if his reaction is anything other than a polite agreement I wouldn't work for him again.

It's a game of three halves!

dd

  • Posts: 2568
Re: Accident - Should I pay half?
« Reply #15 on: September 28, 2021, 01:45:52 pm »
Yes, by the posted photo it looks like the buckled cover would have scratched the paint on your wheel arch.

Slacky

  • Posts: 8278
Re: Accident - Should I pay half?
« Reply #16 on: September 28, 2021, 01:47:54 pm »
I'd sue him for the 'damage' caused to your van and lost productivity.

alank

  • Posts: 648
Re: Accident - Should I pay half?
« Reply #17 on: September 28, 2021, 03:27:25 pm »
what if it had damaged your van or caused injury to you or an employee. I would give him nowt and walk away.

NWH

  • Posts: 16952
Re: Accident - Should I pay half?
« Reply #18 on: September 28, 2021, 03:37:42 pm »
If I went onto anyone’s property and caused any damage I would be responsible for it in my eyes,if I’d noticed it was damaged before then that would be different ie that cover was already badly damaged-dented.
There’s no way I could do that on someone’s drive and think that’s their fault lol.

Tom-01

  • Posts: 1348
Re: Accident - Should I pay half?
« Reply #19 on: September 28, 2021, 03:43:39 pm »
If I went onto anyone’s property and caused any damage I would be responsible for it in my eyes,if I’d noticed it was damaged before then that would be different ie that cover was already badly damaged-dented.
There’s no way I could do that on someone’s drive and think that’s their fault lol.

Really?? If you went through someone's rotten decking and broke your ankle you'd take the time off needed unpaid, and pay to get their decking fixed??

If we had hit something yes that would be our fault - this is a manhole cover on a driveway where vehicles, you know, drive.