Insurance , whats it for

[Pip1]

Our storage site has damaged our van , but say we have to claim on OUR insurance. Are they having a laugh , surely if you run a business you have liability insurance AND its a Cassoa site.

Advice on how we stand gratefully received.

rgds

Pip

 

[CliveV]

Hi Pip

What does your storage agreement say?

It is my understanding that unless it clearliy states that your caravan is stored entirely at your own risk then they should be able to claim on their insurance.

Also if they are in the business of caravan storage then they should have insurance assuming it is a proper storage site.

As a general point these are all points that we as owners SHOULD be checking BEFORE placing our caravans in the hands of storage companies.

 

[ProfJohnL]

Hello Pip

Sorry to hear of your difficulty, Clive has posted some useful information, but I recall some time ago that a car park got into some difficulty with a general disclaimer about cars being left entirely at owners risk. I believe that a court said it was an unfair term in th contract because the park operator has an overriding duty of care to as far as is reasonably possible prevent customers property left in their care from being damaged through deliberate acts or through acts of negligence on the part of their employees or representatives.

If I read your posting correctly you say the storage site (by that I assume you mean the owner, or manager or any person on-site conducting the business of the site) damaged your van, this must fall into the above category.

If you have enough evidence or witnesses to support your contention you should write to the site operator and request that they cover the cost of the repairs to your property.

If the site is member of a an association you can contact them and ask them if they can help. (Cassola)

If you are sure of your case then you could pursue it through the small claims court.

I strongly suggest you seek professional advice from a solicitor or the CAB

Otherwise write to your insurance company and ask then to pursue it through your claims procedure.

 

[jacky3]

have had this argument before and never got a satisfactory answer

the storage place you have your caravan at could say as did mine(cassoa gold approved)cassoa gives a rating for security and insurance does not come into it as far as im aware.you as a customer of said storage site ,only hire the plot where your caravan is stored for a yearly or part thereof fee of whatever sum agreed,and the security afforded to the site.they will ask you if your caravan is insured,if it is not, they will not take you on.i cant say that for all sites, but it applies to mine.they are not liable to any damage for my caravan,but if they were to damage the van themselves and it

could be proved that it was done through NEGLIGENCE on their part(which i know sounds stupid,YOU COULD SUE THEM FOR DAMAGES but it is not a clear cut case if you look in the small print it could say that you waver this so read carefully your agreement

 

[ProfJohnL]

Hello Klarky,

If I were to post a disclaimer in a local newsagent to say That I could not be held respopnsible for any damage I cause to parked cars out side my house. Does it mean I can go smash a few windows with any fear of the consequences? Obviously not, I would be up before the beak very quickly.

The same principal must apply to any organisation that offers a service especially a storage facility. They have to accept that they have an imutable duty of care, and if they fail to keep that duty of care they are as open to prosecution as any one else.

Where I agree with you is the bureden of proof, which is why I sugegsted witness evidence. Remember in a civil action it is the balance of probability which decides the action unlike criminal where it has to be beyond reasonable doubt.

It is also likely that any judge would rule that any waiver to prevent a customer from sueing a supplier in these circumstances would be an unfair contract.

 

[jacky3]

comon john the car scenario was a bit over the top,i didn't mean it in that context,lots of places like storage have disclaimers,car parks,holiday parks you name it at the end of the day i agree with you there should be no quibble they should be insured and should not be allowed to provide such a service until they have insurance.like you said its having the evidence and a long drawn out affair,solicitors,court not to forget the cost of such a claim would it be worth it,theoretically yes,practically few would go there

 

[ProfJohnL]

OK, perhaps my example was a bit over the top, but the principle remains the same.

Clearly for Pip's original starter, we don't have enough information, and I don't claim to have the definitive legal answer to offer bullet proof advice. Except to say If he believes he has sufficient evidence to show negligence on the part of the site owner should seek professional advice from a solicitor or CAB.with a view to recover repair costs and protect his NCD.

 

[jacky3]

OK, perhaps my example was a bit over the top, but the principle remains the same.

Clearly for Pip's original starter, we don't have enough information, and I don't claim to have the definitive legal answer to offer bullet proof advice. Except to say If he believes he has sufficient evidence to show negligence on the part of the site owner should seek professional advice from a solicitor or CAB.with a view to recover repair costs and protect his NCD.

totally agree