Causing Damage and Refuse to Pay for It?

We are working at a cafe, where this afternoon a chef from the next door restaurant slipped and broke our windows.
He is fine (as he said), and promise to pay for the damage. But when the bill came up at $700. He flipped and refused as that was not his fault.

What should we do?

Comments

  • -6

    Contact your local police, they'll commence an investigation into wilful damage and charge old mate and they can seek restitution on your behalf in the magistrates court.

    Alternatively contact your business insurer and be guided by their advice.

    • +3

      Lol no they won't. You'll have to take him to small claims court

      • -5

        Yes. They will.

        • No.

        • what would I know, it's just my occupation but I'll leave it to the learned ozbargain community to decide the jurisdiction…

        • @Mike83: maybe if it was aggregated damage. But it wasn't. And the chef has already acknowledged fault and agreed to pay for it. There's nothing else the cops can do. It's now a civil matter.

        • @k-rokfm:

          I assume you're referring to aggravated damages. The jurisdiction to a certain extent comes down to intent, not what the outcome of the the actions were.

          Acknowledgement and a verbal agreement between the two parties doesn't exclude the matter from being persued criminally.

    • +1

      Not a criminal issue,it's a civil issue

  • surprised no one says it yet

    bikies !

  • just pay for the window yourself

  • +3

    Break his window

    • +1

      Jokes on you, he only has blinds.

  • +3

    Claim it on your insurance.

  • Slip over in his restaurant and claim for injuries - about $700 worth

  • +3

    Insurance? Accidents happen, you should be covered for the accidental damage and he should be covered for accidental injury.

  • +1

    Your cafe claims on insurance, tell them what happened. They will chase him for money. This is what you pay insurance for, use them!

  • +3

    Slipped inside or outside your cafe? Why did he slip?

    Probably need to be a bit careful because it may backfire if he decides that your cafe is actually at fault for the slip, ie poorly maintained entrance/footpath/slippery surface due to cleaning (without warning signage) etc.

    • Slipped inside or outside your cafe? Why did he slip?

      This makes all the difference. The chef may be able to claim compensation from op's cafe.

    • Outside on a public footpath, he was recklessly carrying stock. The thing is when we confronted him after glazing job, it took him ages to come out. He is young and clueless, that is why we are considering the best way to do it

      • You may file a claim for the replacement against his employer or him personally.

        Either options will cost you both resources and money.

      • If he was on the job when he broke your glass then yes go to hi or her boss. If he wasn't working or just past by then go to your insurance.

  • There is an ad for pk Simpson compensation lawyers in this post. Give them a call.

  • +1

    Certainly talk to your insurance as first port of call. If they want to chase him up then that is their perogative. You will do your no claim bonus but he is unlikely to come to the party anyway.

  • Do a poop in his doorway or next food delivery

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