Loss of earnings and costs from theft Any claim possible?

[Mart]

Firstly, really couldn't decide on which topic area to post this so feel free to move.

Kind of confusing this one, so bear with me. But the cut and thrust is recovering costs after a costly theft from a vehicle when other peoples errors added to the cause.

I was doing a "one-off" job for a firm (freelance on a saturday) and we was working on a site in City for the day. We arrived on site in a company van and as the site was open to public we left our bags in the van (BUT out of site under the seats and van was fully locked and alarmed) also the site has security on every gate and patrols often walking the site, it all seemed fairly secure, so basically bags hidden out of view and in a locked vehicle.

As the work we was doing was at heights (ie, working from scaffold and ropes) i felt it safer to empty my pockets and leave my wallet and keys etc in my bag, which as above was hidden in the locked van. Now the person i was working with i had never met before (as i was freelance), it turned out he had unbeknown to me left the van key unattended on a table below. Cutting a long story short, somebody swiped the key and obviously found the van and our bags and stole them! I lost my wallet containing cash, bank cards and the usual plethora of ID card etc, but more costly i lost a big bunch of keys that included my house keys, my car keys and my companies van keys and lockup keys (my weekday 9-5 job).

Now my house keys i managed to find a spare set and have changed the locks accordingly (at cost), my employers keys however they seem to have no copies whatsoever and my bosses attitude (probably fairly) is "well if we foot the bill for recoding van and keys etc, its coming out your wages!), same with the lockup unit. My own car keys i had no spares also, so thats been yet another locksmith job.

Anyway, trying to keep this short! Basically the costs incurred to me are already in excess of £700 and thats without loss of earnings (as I'm sat home not working getting locks replaced on vehicles etc!), so i will no doubt end up costing over £1000 by the time i replace my wallet and cards etc too.

The firm i was working for (first time ever and a one-off job), is refusing to make an insurance claim due to the fact that a) belongings were left in a vehicle and b) key was left on a table insecure (by there employee). Its worth noting they lost nothing as they had a spare key for there van, and there employee only had clothes in his bag, so they probably don't want an insurance claim for a one-off freelance guy. But i am going to end up out of pocket over a £1000.

The police have taken away camera footage so theres a possibility of someone being charged, but you dont know. Even police said that belongings being out of view in locked vehicle should have been ok, so it boils down to there employee sadly leaving the key on an open table, whilst we was working.

Can i do anything to recoup some of my costs? I was already having financial issues recently with debt and lack of earnings at work without a hit for £1000 on top. Can i somehow force them to make a claim? Can i claim against them or there employee for neglect, can i do anything?

Thanks all

Martin

[MissFM]

Re: Loss of earnings and costs from theft Any claim possible?

Hi Mart

I don't have the knowledge to help you on this, sorry, but others who do will materialise soon.

It does, though, seem positively Dickensian that your employers should dock your wages to get keys cut - would it be worth having a chat with ACAS on this point?

[Mart]

Re: Loss of earnings and costs from theft Any claim possible?

Hi Mart

I'm don't have the knowledge to help you on this, sorry, but others who do will materialise soon.

It does, though, seem positively Dickensian that your employers should dock your wages to get keys cut - would it be worth having a chat with ACAS on this point?

Just got worse (if it can), after nearly three hours trying the locksmith failed to get the new keys to recode, meaning works van is off to the dealership and could cost several hundred, and i thought £350 for one lost key was enough!

Martin

[des8]

Re: Loss of earnings and costs from theft Any claim possible?

I don't suppose you have by any chance household insurance with cover for items out of the house?

On the other hand IMO you have a good claim against the firm you were working for.
You de facto left your goods in the care and custody of their employee,hidden in a locked and alarmed vehicle.
Their employee NEGLIGENTLY left the keys available to any passer by.


I would suggest a letter to the firm in which you describe the incident, hold them liable and instruct them that they should advise their liability insurers of the pending claim before any time limit kicks in.

Depending on their response, in view of the amounts involved, it would probably be worthwhile considering a county court claim. Because of the cost to them of defending such a claim an insurance company could well offer a settlement.

Don't understand why the company are unwilling to involve their insurers. They carry insurance for the eventuality someone claims against them.
But that isn't your problem as you claim against the firm, and it is up to the firm to lodge a claim with their insurers. If they don't do this until after you issue a court claim, their insurers will be miffed

[Mart]

Re: Loss of earnings and costs from theft Any claim possible?

Thanks for advice des8, very much appreciated indeed.

Sadly i tried my own insurance, i only rent my home and therefore only have a tenants contents policy, which I'm told does include "theft of personal belongings out of the home", but there saying as it was taken from a vehicle that i can't claim and the vehicle insurance is the place to claim.

Your letter sounds like a great option, and i think i will make one last attempt to politely ask for an insurance claim to happen, if that fails then the letter will follow as per your suggestion.

I am starting to think there reluctance for a claim on the vans insurance maybe as the van in question is maybe not officially in use? I was told last night by another employee that the van we used was in fact owned not by the firm, but by a member of staff and they used it as was short of vehicles on the day. So if a member of staff is using his personal van and letting the firm use it, and work there business from it, i am starting to suspect that it wasn't insured for the firms business use, which could explain why they secretly don't want to make a fuss or a claim.

[des8]

Re: Loss of earnings and costs from theft Any claim possible?

Your household insurers statement that as the items were in a vehicle, the vehicle insurance is the policy to claim on is IMO a bit suspect. Vehicle insurance would only apply if there was a full comprehensive policy in force, and then generally is limited to clothing, child seats &personal belongings. Usually they specifically exclude money, credit /debit cards, keys etc. Ask your household insurers where they buy their car insurance, and can you see a copy of their policy:tinysmile_grin_t:.

On the other hand your "out of house" cover probably includes theft from a vehicle, so long as the items are hidden and the unattended vehicle is locked and force/violence is used to gain entry. Really need to see the exact wording of your policy.

Regarding the van, in post 1 you stated it was a company van. You now believe it was not.
Actually makes little difference to your claim.
You claim against the contractor as their employee was negligent.
It doesn't concern you if the firm pass this claim on to any one of their insurers, or deal with it in house.
If I was the contractor, and didn't wish to settle your claim myself, I would pass it to my liability insurers as I doubt it would be covered under their fleet insurance.