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My son hired a contactor to shift his digger. This

Customer Question
My son hired a...

My son hired a contactor to shift his digger. This contractor subsequently wrote the digger off going under a bridge. My son did not have insurance on the digger and it turned out the contractor was not covered for carrying machinery that was not his own.

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Queensland

Lawyer's Assistant: What steps have been taken so far?

He has approached the contractor who accepted his responsibility for the accident but now since he found out his insurance did not cover it does not want anything to do with it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My son has texts from the contractor requesting the payment before commencing the transportation

Submitted: 4 months ago.Category: Australia Law
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Answered in 14 minutes by:
3/18/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,339
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 4 months ago

there are two options your son can bring a civil claim in QCAT for the loss, or in the local court for breach of contract for duty of care.

the local court will be able to allow your son to claim legal costs as well

has your son been able to quantify the loss in dollar terms yet ?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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