Snow plough use on private land… insurance?

[Selectamatic]

Evening!

The big weather seems to have passed for now… but there will be a next time, no doubt…

I’ve been asked if I have a snow plough by one of my better customers, mainly because in the snow we just had, their posh car could not leave the place as their lane was under a inch or so of snow.

On the face of it, there’s good money to be made here, 10 mins with my snowplough, that wouldn’t have cost mega money, is money well spent rather than digging out by hand, or even mucking about with a JCB or the like…

Before I consider this any further, my worry is liability… I would assume that if I damage something, fence, gate, potplant etc then that’s fair enough and I may be in need to cough up…

But what if someone slips on the snow I pushed, or the bit I missed, or what if the car slid on the bit I missed and landed in the ditch?’ What if the postman gets hurt slipping on the surface left by my snowplough etc etc etc…

Where would I stand?

I probably would need some disclaimer form to fill in, wouldnt I? Not that it would be worth the paper it’s written on… possibly?! If so… I’m not getting involved!

Has anyone any experience with this type of thing? Is it the minefield that I think it might be…?

 

[puppet]

Check your policy as clearing for a profit may be an issue. I don't think there is any comeback if you leave a patch as theh have responsibility to take care.
There is a modern myth that you could be sued if you cleared the pavement outside your house then someone slipped on it. You would be seen to make a reasonable effort.

White or red diesel?

 

[Flatlander]

A few years back a friend was away on business and his wife and kids at home, I knew he was away and we had a snow storm with blowing snow that filled their driveway with about three feet of drifted snow. Was going past with my matbro to clear snow from a further yard to move grain so I did my good deed for the day and cleared their yard of snow. I asked how far back to push the snow and she said all the way across the lawn as far as I could. While pushing thru the snow I found their well head sat on top of the snow pile. Ended up getting a plumber friend to come and re connect the pipe and power to the pump. Felt bad and ended up costing me. But sh1t happens

 

[Courier]

A few years back a friend was away on business and his wife and kids at home, I knew he was away and we had a snow storm with blowing snow that filled their driveway with about three feet of drifted snow. Was going past with my matbro to clear snow from a further yard to move grain so I did my good deed for the day and cleared their yard of snow. I asked how far back to push the snow and she said all the way across the lawn as far as I could. While pushing thru the snow I found their well head sat on top of the snow pile. Ended up getting a plumber friend to come and re connect the pipe and power to the pump. Felt bad and ended up costing me. But sh1t happens

Had a neighbour’s wife ran into a milk float once, turned out she wasn’t insured and despite repeated requests couldn’t get any recompense - So whilst I was on 24hr snow clearing for the council somehow their recently cleared drive (of fresh soft snow) magically filled itself up with 3 ft of compacted snow and ice much to the consternation of hubby who needed to get his car out early….

He who laughs last and all that..

 

[DeeGee]

On a slight aside, but as regards liability, our council do not grit pedestrian areas around their properties as they would be liable if someone slipped on a piece they might have missed.

So unfortunately due to one or two clever/greedy/corrupt people then everyone else suffers by the service not being provided.

Perhaps you need to check with your insurers Emyr: a great pity that being a good neighbour and using some common sense in this matter, and in so many other situations can have possible legal repercussions.

 

[Welderloon]

Realistically any liability should be with the property owner, you are providing a service on their land just like any silage contractor, ground works contractor or shed builder etc, you'll need to be insured to cover the task.
If considering doing this ensure there is a signed contract in place between all parties outlining everything including liability............I find these type of situations always start out with the best intentions & invariably turn to custard due to the increasingly selfish nature of the general public who always want something for nothing in return.

 

[DrWazzock]

Everybody’s bezzy mates till something expensive gets bust so either don’t do it or make sure you have adequate insurance and be prepared to pay the increased premium and have the hassle when somebody claims as in my experience somebody eventually does often egged on by their own insurance company/agent/ builder doing the repair work. Tradesmen are particularly keen to persuade customers to claim off somebody’s insurance so they can charge megabucks. They claim off their own insurance then their insurer claims off yours. Be warned. Personally I wouldn’t bother having had claims recently for stuff I did years back and for damage I hadn’t even done.

 

[DrWazzock]

The problem with snow clearance is if you do even minor damage to the surface you could be landed with a large bill. Native rural dwellers were realistic. Incomers see claiming as a way of life.

 

[Deerefarmer]

Native rural dwellers were realistic. Incomers see claiming as a way of life

Leave them snowed in then...helps them align their priorities

 

[Pennine Ploughing]

Your going about this the wrong way, think outside the box,
Sell them a gritting service, you work out cost of time, machinery and salt,
Light snow won't settle on salted Road, and heavy snow is easily cleared off well gritted road, plus if icey you get a draw,
Leave them to call you out, and X amount each time,
Win win

 

[CPF]

When we used to go out snow clearing .we border on three counties shires had a contract with all of them. We was told if we came across stranded vehicles we had to try and help them by towing them if it was possible .
Also cleared private roads.
BUT before anything was done a no waiver insurance form had to be filled out with there name and address on and vehicle registration before we did anything. This was my company policy .

 

[coniser]

I do gritting on a private road and snow ploughing if needed had to take out extra insurance as insurance only covered council roads. Good tarmac road get paid £150 which includes salt takes about 1 hour

 

[Netherfield]

When I'd a JCB 3CX, chap up the road, ex footballer, approached me to dig him a trench across his back garden.

He got upset when I refused, I would have been working off a lane up the side of his property with a substantial dry stone wall at the side, and in the field behind his house is an Electricity pole with a transformer and overhead wires attached.

Told him I'd no idea where that cable went when it went underground, and that the wall didn't belong to him it was the farmer who the lane belonged to, damage to either I wasn't going to be responsible for.

Pointed him in the direction of someone who had a Cat and would do it for him in a couple of hours tops.

Later the wife heard stories at the school gate how I'd made him spend a £100 when I could have done it for some free tickets to watch Leeds United, well at least I was lucky there then.
Not worth the hassle in the end.

 

[Highland Mule]

On a slight aside, but as regards liability, our council do not grit pedestrian areas around their properties as they would be liable if someone slipped on a piece they might have missed.

That’s an excuse and not a reason - as they would be just as liable if not more so for having done nothing when it would be reasonable for them to have done something.

 

[robs1]

Just tell him to buy some decent tyres, unless you remove 100% it will make no difference

 

[Mur Huwcun]

When I'd a JCB 3CX, chap up the road, ex footballer, approached me to dig him a trench across his back garden.

He got upset when I refused, I would have been working off a lane up the side of his property with a substantial dry stone wall at the side, and in the field behind his house is an Electricity pole with a transformer and overhead wires attached.

Told him I'd no idea where that cable went when it went underground, and that the wall didn't belong to him it was the farmer who the lane belonged to, damage to either I wasn't going to be responsible for.

Pointed him in the direction of someone who had a Cat and would do it for him in a couple of hours tops.

Later the wife heard stories at the school gate how I'd made him spend a £100 when I could have done it for some free tickets to watch Leeds United, well at least I was lucky there then.
Not worth the hassle in the end.

Same here, I declined the privilage of clearing a neighbours garden with digger few years ago and used the excuse that it looked far to wet for a backhoe and that they needed a steel tracked digger. I was the bad guy that cost them money!!!

 

[Nigel Wellings]

Most agricultural vehicle policies give cover whilst snow clearing for public authorities as standard.
They will need extending to cover hire and reward work such as clearing car parks etc where you are charging.
Clearing a neighbours drive for no charge I would regard as social, domestic and pleasure use- therefore covered but slight gray area as to whether some insurers might argue this point.

 

[DrWazzock]

Most agricultural vehicle policies give cover whilst snow clearing for public authorities as standard.
They will need extending to cover hire and reward work such as clearing car parks etc where you are charging.
Clearing a neighbours drive for no charge I would regard as social, domestic and pleasure use- therefore covered but slight gray area as to whether some insurers might argue this point.

That’s all very well but your premium still goes up if somebody claims plus it’s hours of unpaid hassle corresponding with them.
A lot of incomers are brought up on the basis that everything is somebody else’s fault and you can claim for everything. First they go to their own insurer who only too willingly pays out for the slightest thing or for routine wear and tear. Next their insurer tries to claim off my insurer who also is only too happy to accept the claim as the only loser in the affair is myself who will pay a bigger premium next year. Everybody else is a winner, so no, they can shovel their own drive out thanks.

 

[TheTallGuy]

That’s an excuse and not a reason - as they would be just as liable if not more so for having done nothing when it would be reasonable for them to have done something.

Correct, the council (as do all landowners) have a duty of care to ensure that all reasonable precautions are taken to protect persons on their land - that includes ensuring that pedestrian areas are suitable for their purpose. If fear of being sued for not doing a good enough job was a valid excuse then no roads would be gritted either as the potential liabilities are somewhat greater....