Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Apologies need urgent advice/info

60 replies

Tinyhumansurvivalist · 23/07/2020 07:51

Apologies, blatant post for traffic.

I am having my garden landscaped, been booked for months after receiving inheritance. They have had a mini digger and dumper to clear everything out of it. At somewhere around 0600 some lads have used a van to pinch the dumper. Neighbour caught them and filmed them whilst calling the police. Woke me up to tell me. My bedroom is on the front so didn't hear a thing and the gardener had said he would be here early so I am not sure I would have flinched at the noise had I heard anything.

They other guy that works with them has been out this morning and hinted they don't have insurance for hired equipment. Is there any way they can come after me for the money for it with it being in my garden? They have admitted they didn't correctly secure it etc but I don't have 25k for a dumper truck!

OP posts:
YeahWhatevver · 23/07/2020 07:53

No, this is their responsibility.

Bigger issue for you is who will do your garden now?

Finfintytint · 23/07/2020 07:54

No, the cost of the job would include any hiring of equipment expenses. Not down to you at all.

bonjonbovi · 23/07/2020 07:56

This isn’t on you. Not one bit.

oopsiedaisy2 · 23/07/2020 07:57

Nope they left it , their equipment so they're responsible .

Bluntness100 · 23/07/2020 07:57

I’d speak to my insurance company if I was you. As it was on your property you may have responsibility here as you permitted them to leave it there, and as such under your responsibility unless you have something saying it was at their risk (unlikely who does that). Unless it was on the street?

If it was on your property and you agreed it to be left there, you may be responsible. I would assume it was insured though by the owners and they need to find that out. And if so you would possibly be off the hook, if it was insured to be left unattended.

Bluntness100 · 23/07/2020 07:59

I’m not sure why folks are posting definitely no, it’s not that clear cut. If they left it with agreement on the ops property it may become her responsibility unless she has agreed with them it is at their own risk.

ColdToesHere · 23/07/2020 08:01

Not your responsibility. And I would imagine the hire company either have insurance in the cost of hire, or asked them to declare that they were insured for it themselves.
100% not your responsibility and if they ask you to claim on your house insurance tell them to jog on.

Bluntness100 · 23/07/2020 08:11

Not your responsibility

Yeah, and that’s why car parks etc always have signs saying park here at your own risk, just for the fun of it, it’s totally unnecessary, it’s always at your own risk,,Hmm

The insurance on it may well have clauses that states it is not insured when left unattended and in an insecure place, so not valid for a claim.

By agreeing to have it on her property and by not ensuring it was properly secured when she did, or making them aware it was at their own risk in writing she may have responsibility.

She needs to speak to her insurers urgently. As do the owners, and the workmen who hired it. As it could be complex in terms of who was responsible.

Ultimately it could be seen she took responsibility when she agreed to let them leave it on her property.

Finfintytint · 23/07/2020 08:18

That may be the case if the OP hired the digger but it sounds like she didn’t.

Original poster
Tinyhumansurvivalist · 23/07/2020 08:18

They never asked if they could leave it here they just left it.

I will see what they say later and then speak to my house insurance.

I am off work sick but I'd have been up and about under normal circumstances. This is such a mess.

The gardeners will be finishing the garden. They had done with the equipment it just wasn't due to be collected til this morning

OP posts:
contrmary · 23/07/2020 08:20

If they hired it it's their responsibility.

If you hired it it's your responsibility, though if they admit they didn't secure it properly then you might be able to argue that.

Finfintytint · 23/07/2020 08:22

Don’t speak to your house insurers- that might affect premiums. Wait for now. Let the Gardeners report the loss to the hire company.

Original poster
Tinyhumansurvivalist · 23/07/2020 08:24

they gardeners hired it. We discussed what I wanted doing...garden clearing out completely back to mud, new patio and grass. They have sorted everything else. I have no idea who they have hired it from etc.

Oh god, could they really claim from me? I might text a lawyer friend and ask her for advice then.....shit....

OP posts:
Finfintytint · 23/07/2020 08:24

Relax. They can’t claim from you.

AgentProvocateur · 23/07/2020 08:25

What does your contract with the gardeners say?

AlwaysCheddar · 23/07/2020 08:26

It’s their responsibility. They must have insurance - as they should have public liability or employee liability at least.... what if they hurt someone or crashed the digger into your house! Don’t tell your insures as it’s nothing to do with you.

Elastins · 23/07/2020 08:29

I might text a lawyer friend and ask her for advice

I think that would be far wiser than relying on a load of people on the internet who are most likely in no better position to know - legally - where the liability for this lies than you.

Original poster
Tinyhumansurvivalist · 23/07/2020 08:33

@Finfintytint I'm going to contact a lawyer friend before I do anything. But might dig out my insurance info and see what it says if anything. The gardener has said they guy who he hired it from has had a couple pinched this month so I'm hoping he is insured!

OP posts:
Original poster
Tinyhumansurvivalist · 23/07/2020 08:34

she's a property lawyer as opposed to criminal or contract hut she might know

OP posts:
wannabebump · 23/07/2020 08:36

To hire something like a digger, most hire companies need proof of insurance from the company hiring.

NightSpot · 23/07/2020 08:42

What a nightmare! Since they have admitted they didnt leave it secure, was that in writing? Via text or similar?

Polly111 · 23/07/2020 08:43

Just a thought, if it was due to be picked up today are you sure it wasn’t the hire company that took it? (Might have wanted it early for another job).

I’d doubt you’d be liable, the Gardner’s didn’t ask for your permission to leave it there and they didn’t secure it properly, the hire company should have insurance for this.

Whatever you do though don’t go hinting to the Gardner’s that you think it’s your responsibility in any way or offer to check your insurance, I’d just put it out of my mind unless you receive a letter from their solicitor.

LouiseTrees · 23/07/2020 08:50

[quote Tinyhumansurvivalist]@Finfintytint I'm going to contact a lawyer friend before I do anything. But might dig out my insurance info and see what it says if anything. The gardener has said they guy who he hired it from has had a couple pinched this month so I'm hoping he is insured![/quote]
Maybe the guy who they hired it from has stolen it back for himself. Stashed it somewhere and then getting money from poor unsuspecting hirers.

Original poster
Tinyhumansurvivalist · 23/07/2020 08:52

@NightSpot no it was just a conversation between him a neighbour and myself.

@Polly111 not said a word about liability to them and have no intention to. As far as i am concerned its their issue as they hired it etx but I just panicked about whether they could try and claim via my home insurance if they aren't covered.

OP posts:
LaughingDonkey · 23/07/2020 08:54

@Tinyhumansurvivalist

No, the hired equipment always should come with contract work insurance. You hire tradesman to do a job and they have to provide their labor and equipment (irrelevant if it is hired or owned by them), and cover themselves with insurance - it is up to them to have business insurance in place. They then bill you for the job inclusive of % of that insurance incorporated into the job (like passing on their expense).

Hence, not your problem and not your liability.

If they try to get you to pay, then contact your home insurance and check if your policy covers additional points like legal representation in other matters. Or you could contact Citizens advice.

Swipe left for the next trending thread