garden company broke our window

[Cocochops]

Hi all,
Just after a bit of advice as to where I stand from a legal position and what to do next.

About 6 weeks ago I hired a small local garden company to do a very small garden tidy up (2 hours work) while strimming a stone flew up and hit one of our patio doors and shattered the glass.

The guy immediately phoned his boss (owner of the company ) and then came to tell me. Whilst he was showing me I received a call from their insurance company ( they have public liability insurance and she had obviously called the company)

The insurance company told me to get quotes and then to replace the window and that they would then pay out the claim,

I have done this am now £500 down and have been contacting the insurance company regularly. They are unable to pay me as the garden company have not paid their excess for the claim. The insurance company have tried to make contact numerous times but she appears to be dragging her heels and not paying.

Where do I stand legally and what can I do next? She hasn't outright said she isn't going to pay and when I have tried to contact her directly she says I shouldn't be doing this and it should go through the insurance.

As an aside I haven't yet paid her for the work about £40 am more than happy to pay once I have received the pay out as I don't want to be any more money down

[Collaborate]

They would have to have either acted in a negligent manner or been in breach of contract for you to be able to sue them. Otherwise the company, and also its insurance company, owes you nothing.