Damaged goods during professional transportation

[Alexi82]

Hi guys

Hope this is the correct section to post.

I am a winemaker and moved winery recently.

I had a large expensive wine press moved by a professional tilt tray driver. He was fully insured. He had a strap snap and the press fell off, writing it off.

His insurance has covered the value I paid for it only a few months ago.

The issue is these items come custom ordered from Germany and are subject to exchange rate differences. Due to the exchange rate, the same press is going to cost $6400 AUD more. Meaning I'll be out of pocket.

I don't think I should be out of pocket. Do I have a case to request the balance from the driver?

Thanks!
Alexi

 

[Tim W]

Probably not the driver personally.
But you may have an action against his employer.

Bear in mind that you probably signed some sort of "All care but no responsibility" term in the contract with the transport provider.

Why does his cover not do "new for old" replacement?

 

[Alexi82]

Probably not the driver personally.
But you may have an action against his employer.

Bear in mind that you probably signed some sort of "All care but no responsibility" term in the contract with the transport provider.

Why does his cover not do "new for old" replacement?

Hi there. Thanks for the reply. When I said driver, he is the owner of his own business. Driver owner. We never signed anything but went into an arrangement where he would transport it and he said he was fully insured.

Unsure why not new for old. It's a 75k piece of equipment so maybe has something to do with it?

 

[Tim W]

Presumably, you only found out about the difference in cost
after you'd given him the amount for the insurance claim?

 

[Alexi82]

Presumably, you only found out about the difference in cost
after you'd given him the amount for the insurance claim?

No I advised the assessor during the process that there would be a difference but we wouldn't know what it would be exactly until it was settled. These units aren't available all the time.

 

[Tim W]

And what has the insurer said?

 

[Alexi82]

Theb

And what has the insurer said?

The insurer has settled at the original amount paid for the press in Australian dollars. But that leaves me short.

 

[Tim W]

In which case, yes, you might* have an action against the driver/operator for the rest.



---------------------------
* Missing facts missing, and with all the unstated ifs, buts, maybes, unlesses and exceptions not allowed for,