How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44178
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
12124641
Type Your Australia Law Question Here...
Leon is online now
A new question is answered every 9 seconds

Recently the following happened to our House 1. On Tuesday

Customer Question

Hi
Recently the following happened to our House
1. On Tuesday 28/7/15 approx. 10am, A TNT delivery truck entered our property by mistake (he should have gone to our neighbors, we live on acreage). It is well signed. We have a relatively steep keyhole shaped driveway, due to the height of his truck his has ripped out our overhead Telephone line and on exiting he has driven over our letter box (hastily), the letter box in some 1.5 mtrs from the edge of the driveway, i even found fragments of an indicator light on the ground.
2. We obviously noticed the letter box damage mid afternoon when my wife came home & soon after our the lack of Internet service & subsequently no phone service. It wasnt until about 7pm that we rang our neighbor who sometimes gets deliveries that that we realized what had happened.
... the driver did not even have the common courtesy to leave a message in our letter box to state &/or apologies for the incident....appalling customer service.....
3. We contacted Telstra to fix the line, which was supposed to be fixed by 12pm the next day as my wife stressed to them that she was studying online (with online tutorials & webinars )& we run a Home based business requiring Internet access.... getting Telstra to fix the line when they said they would is another story but after several no shows we contacted a local technician to repair the line ($150) on 31/7/15 Friday as Telstra's final appointment time was still several days away....
4. TNT say they will only pay the repair costs & any proven loss of business.
My question is what about the inconvenience, the undue stress with having to ring Telstra 3-4 times a day to followup on the no-shows, having to use extremely slow 3G Internet on our mobiles let alone the effort to quantify loss of business for an event that they created and didn't own up to until confronted.....
Any assistance/guidance would be appreciated.....
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

The driver is liable for the damage they have caused.

If you wife wishes to make any further claims apart from the physical damage and the cost of the repairs then she has to show that there is a direct link between the loss and the damage. She has to also be able to quantify the additional claims.

But the cost of getting the repairs can be passed onto TNT

I hope this make sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
Thanks Leon for your prompt reply.I know TNT are liable for the cost of repairs... but is there now provision for inconvenience, stress etc caused by the incident.How does one "quantify the additional claims..."Many ThanksTony
Customer: replied 1 year ago.
sorry bad EnglishHow does one "quantify the additional claims..." if you don't run a business, your a home user/student whatever....What I meant to say is if you don't run a business and someone causes you undue stress & inconvenience etc etc from an incident such as ours, it's just our bad luck? & the you the small person just gets walked over....Many ThanksTony
Expert:  Leon replied 1 year ago.

Good Morning

You will not get any compensation for inconvenience and stress.

The law will not permit that claim. If she had an assignment due and it could not be submitted and she failed and had to pay to do the course again then she can make a claim.

But not for stress and inconvenience.