Hired Delivery Driver Damage

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Benaus

Member
4 September 2019
2
0
1
Hello,

I am a sole trader with no public liability insurance. I recently hired a delivery company to deliver goods to my storage warehouse.

I was unaware but the driver bumped the side of the building and caused the roller door to malfunction, which was subsequently repaired by the storage warehouse owner.

Who is legally liable for this?
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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Gold Coast, Queensland
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On the face of it - the delivery company. But there are a lot of factors which can water down/change that, which would require a full understanding of all the relevant facts.
 

Benaus

Member
4 September 2019
2
0
1
The driver scraped the edge of the building and the roller door came down on the truck while it was reversing out. It was subsequently repaired and has an invoice to be paid.

I spoke to the delivery company and he has stated that if he hit the side of the building then that is definitely his fault, however, if the roller door came down on the truck because the sensor did not register it then he says that is not his responsibility.

I am stuck in the middle of both parties and have no clue about my liability - even though I wasn’t responsible at all.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
Sounds like something for the insurance companies to figure out.
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
Just thinking out loud so to speak here, but it seems to me that the warehouse owner is dealing with this under your rent agreement or whatever for the storage space.

If that's the case, then it could be that you're liable for any damage under that agreement, in which case you might have to settle with the owner and then go after the delivery company yourself for compensation.
 
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