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car damaged but no one wants to except liability

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  • car damaged but no one wants to except liability

    my car was parked outside my house on the road and workmen started to dig the road up next too it ,they started at approx. 20.00 and finished approx. 0300 am,
    the work was for bt as they were cutting a conection box in the road ,the soil was piled up about 1 meter high and 2 inches from my bumper.after they had finished t had noticed a 6 inch crack in the corner of my windscreen which wasn't there befor, I presume it was either from a flint/stone that flew up when they were using a grinder or jack hammer approx. 1/2m from my car or from debris dropping from the grab loader removing the spoil.and also leaving my car full of dust.i contacted bt and they said it was a subcontractor that did the job for them and I must pursue them (after a month of no return correspondence) the subcontractors said they would call me and never did then said they would view the damage never did then said there not liable. can you please tell me who is liable ? and who / how can I take to court / ,thank you
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  • #2
    You continue to pressurise BT. They were the ones carrying out the work and are responsible for the actions of their subcontractors. Lots of companies try to off load liabilities this way.

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    • #3
      The person/company liable is whoever caused the damage. (in this case BT as ostell )

      However you do not know who caused it.
      You say you presume it was the contractors, but that is not proof.
      It could have been anyone from a stone flipped up by a passing car, or the little urchin down the road.

      The screen probably needs replacing as it is likely to fail an MOT, so suggest you claim on your insurance if you have Windscreen cover

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      • #4
        Originally posted by des8 View Post
        The person/company liable is whoever caused the damage. (in this case BT as ostell )

        However you do not know who caused it.
        You say you presume it was the contractors, but that is not proof.
        It could have been anyone from a stone flipped up by a passing car, or the little urchin down the road.

        The screen probably needs replacing as it is likely to fail an MOT, so suggest you claim on your insurance if you have Windscreen cover
        hi des8 thanks for your reply ,I didn't say I presume it was the contractors I presumed how it happened not who did it . im merely stating that not enough consideration was taken to protect my property ,and also have photos of the damage with mud still around the windscreen where the crack is ,

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        • #5
          You have a PRESUMPTION of how it happened (& so who caused it), but that is all.
          Certainly push BT, but my point was that you don't appear to have any proof that is likely to stand up in court.
          Your best hope is that BT will give in if you push hard.
          If they think you will be litigious they might make a good will offer just to avoid the cost of defending it (but don't count on it)
          In the meantime (and it could be months before getting to court) you might need to have the screen repaired, so if it is insured make your claim now..

          Comment

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