I have a case that is increasingly looking like it will go to the small claims court. My local council were mowing the grass in a public open space adjacent to my property. Debris from the mower smashed a car window and house window. The car was parked on the driveway.
The council have passed the claim to their insurer (Zurich) to investigate liability. They are denying liability as they say there was not negligence. I have done a lot of research and believe I can prove negligence. But my question is specifically, if I were to start legal proceedings, would I issue them against the council or Zurich. It is my belief that I would issue them to the council as they were the ones who caused the damage. Some points which may have a bearing are:
- Zurich appear to not just be the insurer but also handling the claims process as the council do not have the capacity/expertise.
- are there different rules for vehicles on public land. i.e. does this count as a RTC and if so does that have any bearing on this?
Zurich have told me that I should issue proceedings against them, which I believe is false. I have read not to fall into the trap of issuing against the insurer and wonder if that is what is going on.
As part of this post I am not going to go into the details of negligence as it doesn't relate to my specific question, please focus on who the defendant is. I may start a separate post another time for any queries I may have about the claim.
The council have passed the claim to their insurer (Zurich) to investigate liability. They are denying liability as they say there was not negligence. I have done a lot of research and believe I can prove negligence. But my question is specifically, if I were to start legal proceedings, would I issue them against the council or Zurich. It is my belief that I would issue them to the council as they were the ones who caused the damage. Some points which may have a bearing are:
- Zurich appear to not just be the insurer but also handling the claims process as the council do not have the capacity/expertise.
- are there different rules for vehicles on public land. i.e. does this count as a RTC and if so does that have any bearing on this?
Zurich have told me that I should issue proceedings against them, which I believe is false. I have read not to fall into the trap of issuing against the insurer and wonder if that is what is going on.
As part of this post I am not going to go into the details of negligence as it doesn't relate to my specific question, please focus on who the defendant is. I may start a separate post another time for any queries I may have about the claim.
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