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Legal matters

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Who is responsible for driveway damage costs?

5 replies

longtompot · 13/05/2020 15:53

Is it the company who arranged the delivery or the delivery company?

We had a log cabin delivered, flat pack, onto our driveway but for my fil who lives a few doors away, as his driveway is only wide enough for a car whereas ours can fit 3 cars, or 4 at a push.
We have our own cabin from the same company and the delivery was done using a crane and had no issues. This time they used a forklift truck, which damaged the interlocking plastic cells we have.
We took photos on the day it was delivered and contacted the company who said to send them photos once the cabin had been unpacked.
Plans have changed, the cabin is being returned still wrapped in its original packaging, and they are now saying the complaint needs to be taken up with the delivery company.
We didn't choose the delivery company. We thought it was their in-house drivers so didn't even think they wouldn't use a crane as before.

Where do we stand on this?

OP posts:
Collaborate · 13/05/2020 16:14

Generally litigation lawyers will send letters before action to both firms and if they cannot agree who is liable between themselves will sue both. As I'm not a litigation solicitor I don't know where liability rests in this instance but if I were you I'd get a quote to repair from whoever installed your drive and notify your legal expenses insurer that you wish to make a claim so you can be represented in suing whoever.

Binglebong · 13/05/2020 16:57

Contact your home insurance - let them do the legwork.

longtompot · 13/05/2020 18:10

We installed it. We'll have a look at our insurance, forgot about that!

OP posts:
Binglebong · 14/05/2020 12:09

Good luck!

Thiswayorthatway · 06/06/2020 16:49

The company who you ordered from are responsible, you are their customer and you have a contract with them. They chose the delivery guys, let the company blame them.

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