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  • #1

    Public Liability Insurance Problem

    Hi, My Son in Law is a sole trader fitting in car equipment such as tracking systems. He holds public liability insurance which he thought would cover him in any event of a claim against him for damage to the cars that he works on. However recently he was working on a particular car with an electronic braking system and inadvertently disconnected the electronic parking brake which caused the car to roll into a second car causing damage to both vehicles. His insurance company now say that they will cover the cost of repairs to the second vehicle but they have a clause in the small print that he will not be covered for any vehicle that he has control of. Consequently they will not cover the cost of damage to the vehicle that he was working on.

    Does anyone know if this is a standard exclusion or is it possible to get cover for all eventualities such as this? Also would he have any grounds for a claim of mis sold policy as he clearly explained what his work entailed at the time of taking out the insurance and thought it would cover him totally.
    Tags: 1st, 2nd, accounts, action, bill, broker, car, cars, challenge, claim, con, contract, costs, council, court, demands, email, enquiries, excessive, friends, insurance, law, letter, liability, liability insurance, mis sold, motor, parking, policy, public, rac, rate, risks, small, trader, update, work, working, £50
  • #2
    Re: Public Liability Insurance Problem

    hiya.
    i know someone in a similar position as your son and believe he has public liability and professional indemnity. I think the latter may cover this type of claim.
    I would get the policy checked over. Insurance companies are experts at avoiding payments

    Edit: As for "not paying for anything he has control of" that sounds crazy to me. So if he has "control" of a set of ladders that give way - they won't pay out?
    Last edited by SA Gold; 17 April 2013, 10:32.
    When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    • #3
      Re: Public Liability Insurance Problem

      I know that sounds like a catch all get out clause to me. It seems that anything which is directly under your control at the time of working is not covered so in your analogy no they wouldn't cover the ladder but they would cover damage to anything the ladder happened to fall on. It seems crazy.

      Comment

      • #4
        Re: Public Liability Insurance Problem

        Originally posted by Bugsy View Post
        I know that sounds like a catch all get out clause to me. It seems that anything which is directly under your control at the time of working is not covered so in your analogy no they wouldn't cover the ladder but they would cover damage to anything the ladder happened to fall on. It seems crazy.
        yep, just another way off them paying out less!
        When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: Public Liability Insurance Problem

          He should have a motor trade policy, with what he is doing. I would complain to the broker that set it up , and check the statement of demands and needs.

          But I will say it again as I have mentioned it before, if you take out insurance check it's fit for purpose and dont just take the cheapest and then forget about it!!!!

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          • #6
            Re: Public Liability Insurance Problem

            What exactly does a motor trade policy cover MFG? Would he need that in addition to public liability or instead of?

            Comment

            • #7
              Re: Public Liability Insurance Problem

              Originally posted by Bugsy View Post
              What exactly does a motor trade policy cover MFG? Would he need that in addition to public liability or instead of?
              A proper motor trade policy would cover all the risks that he would have , road risk, PL, EL , stock/equipment etc.
              Last edited by mgfboy; 18 April 2013, 08:54.

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              • #8
                Re: Public Liability Insurance Problem

                Hi, The situation has now moved on to where the insurance company have agreed to pay for the damage to the 2nd car but as they refuse to cover the car my son in law was working on he asked for 2 estimates of repair. However the company concerned who just happen by chance to be an insurance company themselves, have just had the car repaired and now presented my son in law with a bill for work they had carried out to the tune of some £1500

                He cannot afford to pay this and has made enquiries himself and it has been suggested that the cost of repair should have been more like £400-£500

                Does anyone have any ideas as to if and how he can challenge this bill?

                Comment

                • #9
                  Re: Public Liability Insurance Problem

                  Originally posted by Bugsy View Post
                  Does anyone have any ideas as to if and how he can challenge this bill?
                  Have they sent a copy of the invoice from the repairer? This should include a breakdown of the parts used and the labour rate and number of hours on the job. Insurance companies normally pay the repairer peanuts hourly rate wise based on the amount of work they give them.
                  When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #10
                    Re: Public Liability Insurance Problem

                    He's not had a detailed one as yet although he has now asked for a detailed invoice. All he has had so far is an email saying that the amount is due within 30 days to prevent further action being taken.

                    Comment

                    • #11
                      Re: Public Liability Insurance Problem

                      Originally posted by Bugsy View Post
                      He's not had a detailed one as yet although he has now asked for a detailed invoice. All he has had so far is an email saying that the amount is due within 30 days to prevent further action being taken.
                      Ok, well its not unreasonable for your son to have a breakdown of what he is supposed to be paying for.
                      Good luck and let us know what happens
                      When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment

                      • #12
                        Re: Public Liability Insurance Problem

                        Originally posted by Bugsy View Post
                        He's not had a detailed one as yet although he has now asked for a detailed invoice. All he has had so far is an email saying that the amount is due within 30 days to prevent further action being taken.
                        what further action? Did your son agree to let them do the work? If not then surely there never was a contract and so surely he is not liable.

                        Bit like me deciding to repair my neighbours fence then invoicing him for it - I know what he'd tell me to do, put it that way
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                        • #13
                          Re: Public Liability Insurance Problem

                          Originally posted by Never-In-Doubt View Post
                          what further action? Did your son agree to let them do the work? If not then surely there never was a contract and so surely he is not liable.

                          Bit like me deciding to repair my neighbours fence then invoicing him for it - I know what he'd tell me to do, put it that way

                          Not quite, they are entitled to have the vechical repaired as it was damaged whilst under his control. The cost of that repair is a different issue though.

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                          • #14
                            Re: Public Liability Insurance Problem

                            Latest update on this situation is that the company who owns the damaged car has had it repaired by a garage which they also happen to own and have had an invoice raised from that garage to the managing director of the company for the £1500. The MD has in effect paid that bill to the garage (i.e he has paid himself) and now requires my son in law to re-imburse him the £1500. However he is refusing to give my son in law an invoice for the work, without which he will not be able to account for the payment in his business accounts, and is now pursuing him for payment. My SIL has had a copy of the invoice from the garage to the company MD but obviously that is in the company MDs name and of the total cost about £800 is labour cost which SIL believes to be excessive considering the small amount of damage done. Is there anything he can do seeing as he has not had a bill in his name for any of this and he cannot afford to pay £1500 in any case?

                            Comment

                            • #15
                              Re: Public Liability Insurance Problem

                              Im thinking... tell em to F'off.
                              Your SIL did not agree to the costs nor was he even given the chance to get quotes for the work....sounds like a right stitch up to me.
                              Dispute the amount claimed and ask for substantiation of all the costs as the appear very excessive.
                              Matty

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