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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have got damage to my car because a biffa rubbish bin got

Resolved Question:

I have got damage to my car because a biffa rubbish bin got blown into my Car and has resulted in about £1700 of damage .Biffa insurance have had 10 weeks to sort this out .
I don't want to make a claim on my insurance because this will go down has a no fault claim and will still cost me more the next time I insure my car ,What can I do ,
Kind Regards ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Who was at fault? Fr example can you show that Biffa employees did not properly secure the bin, which is why it ended up being blown away?
Customer: replied 1 year ago.
No we don't have camara because we are only a very small company ,The Bin was emptied the day before and had the brakes being on it wouldn't have moved,I came in this morning and checked the brakes has they were emptied yesterday and one of the brakes were off again despite me ringing up again and asking them to make sure they put them back with the brakes on.
Expert:  Ben Jones replied 1 year ago.
Thank you. To make Biffa liable you must be able to show that they had acted negligently in the circumstances and that the damage suffered was reasonably foreseeable. So first of all the most obvious thing would be to ensure that the brakes were on at the time. This would not always be required, depending on the position of the bin and the proximity to other property, vehicles, etc. If the damage occurred when the recent storms hit, then there would be a greater expectation to ensure that this was done and any damage suffered then would have been even more foreseeable. However, despite all of that, it is still down to you to prove that it was Biffa’s negligence which caused this. They may have put the brakes on, but some kids or someone else may have disengaged these. You do not have to have CCTV footage showing the precise moment they failed to do this on the day but must be able to convince a court that this is the most likely cause and this may be helped by showing that there was a consistent failure by them to set the brakes. So overall, not necessarily an easy thing to prove if you decide to pursue it. At this stage you are stuck in between the following options:· Continue pursuing them through the insurance but the pace at which this is done would be dictated by them I’m afraid – they do not have to deal with it within any specific period of time so it is down to them· Deal with the damage yourself and consider pursuing them for the costs, subject to the requirements in my initial paragraph· Go straight for a legal claim – this will inevitably prompt them to be more efficient and deal with it and it may be passed on to their insurers anyway so you could get a settlement that way. However, if they defend it you would have to prove the above requirements to be successful. At least the matter will only go to the small claims court so even if you lose you would not be required to pay for their legal costs. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you decide to pursue this as a claim, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46798
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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