Council or contractor liability for damage to my garden wall?

[Friday47]

My house backs onto a council-owned car park. The council has contractors working there, and they have equipment stored on site.

I’ll keep this brief, but while they were working through the night, it appears that a piece of construction equipment went through the council fence and knocked over my brick garden wall, causing damage.

I have CCTV which clearly establishes the timing of the incident, but not the equipment going into the wall. There are also marks on the ground/floor which appear consistent with construction equipment having been moved across the area.

I have contacted the council, but they are saying that the damage is the contractor’s responsibility. However, the contractors have now ignored my communications, leaving me with no clear route to resolve the matter.

Does anyone have any advice on where I stand or what steps I should take?

It’s not so much the cost of repairing the wall that concerns me. What concerns me is the reckless behaviour of what looks like the contractors- if we were out in the garden late it would have been very serious and, importantly, the council’s apparent lack of accountability in dealing with the issue.

thank you

If the contractor is employed by the council it is for the council to liaise on your behalf.

Speak to your home insurance.

The council are liable if they contracted the workers.

I would contact your home insurance and let them sort it out for you.

thank you. It won’t be a huge cost, and it will put my cost up. It’s not about the cost really it’s the utter lack of accountability.

council say it’s for me to deal with.

I suppose from that position i will need to raise a complaint with the council. I am shocked though that it’s not even a police matter, That you can have the wall of your home driven into with seemingly no accountability!

@Friday47 It’s private land. Theirs and yours. The police are not involved in civil disputes.

I would be speaking to my local councillor today. Who let the contract at the council? Which section? They should claim from the contractor via the contract terms. They should repair the wall. I’d not want to claim off my insurance. So, I’d also contact the contractor. I have to say you need to speak to someone very senior at the council but speak to your councillor. Be very firm!

Really very helpful. Thank you

Do you have legal cover on your house insurance? I'd get the insurance company involved as they will know how to recover their costs and that should not go against you.

I wouldn’t put in a complaint, I would simply ask who at the council do I send the invoice for repairs to? And then pursue through small claims if need be.

I'd go to my home insurance. letting them deal with stuff like this is part of what you pay for.

Claiming on insurance risks putting up the premium. This is the fault of the contractor employed by the council. The op has not exhausted the council paying yet.

I did this when a car hit my wall. My insurance claimed all costs from the car's insurance so no claim recorded against me and no increase in premiums.

You have to declare any claim! It can make a difference to premiums.

I think the Council are liable if it is their contractors. It's a while since I studied law but I think this may come under vicarious liability. IANAL.

Yes you do but if it wasn’t your fault they will often handle the claim for you without it changing your premium

You don’t have to claim to tell them.

@godmum56 I don’t follow. You make a claim on your insurance - insurance knows about it! No, you don’t have to tell the council about your insurance but they will still say claim on it unless the op gets tough and a councillor working for her. I’d do this before insurance. We had a contractor damage our gatepost who were contracts by Thames Water. TW paid up. I assume they then adjusted their payment to the contractor. Absolutely didn’t want our insurance involved but DH is used to dealing with oik contractors and companies!

in my experience, it works as Old John said

godmum56 · Yesterday 19:19
I'd go to my home insurance. letting them deal with stuff like this is part of what you pay for.
"OldJohn · Today 11:52
I did this when a car hit my wall. My insurance claimed all costs from the car's insurance so no claim recorded against me and no increase in premiums."

@godmum56 No it doesn’t. You MUST say you have claimed. If you don’t they can refuse to pay out subsequently. It’s fraud to say nothing and the insurance company recovering costs is nothing to do with you and you won’t know if they have.

Say to who?

There is perhaps some confusion here - you have to say if you have something that maybe claimable on insurance like a break in or the roof blowing off. Legal cover is a service not a claim, you do not need to declare every time you decide not to use that service.

@Chrysanthemumsinpots It’s not legal comer that will repair the wall though. That’s a way over blown benefit that rarely does anything. The fault is squarely with the contractor and the council. Go after the council first. It makes a lot of sense to do this because anything else is very long winded and what will legal advice do? Tell you to get in touch with who is responsible.

A council will always deny liability to get you to go away. They will be self insured to a fairly high level. Let insurers deal with it.

Go though your home insurance and get them to find out who is liable.

Ah sorry, I thought that was what people were suggesting when they said insurance. My view is to send the invoice to the council then follow up through small claims court if unsuccessful.