Amazon parcel delivery driver let dogs out- 1 then killed on road

[kabuzzle]

This is still a very raw subject for me so I apologise if I'm not perfectly clear.

On Wednesday last week, an Amazon delivery driver opened the back door of my property and allowed my two dogs to escape. One ran on to the busy road and was hit and killed instantly.

I've contacted Amazon and they've put me on to their claims company, ARC. I'm in the middle of dealing with them, and I've passed on the details of the car driver to them with regards to paying for the damage to her car. I've also asked for them to pay for the cost of my beloved dog's cremation.

I guess I just wanted to check that, legally, I'm in the right? We have our letterbox taped shut and a sign on the gate stating to leave parcels in the shed. I had also put on my Amazon delivery notes not to open our door as there are dogs on the property (which I did in case someone came in to the house and my dog bit them, never considered this would happen). My husband was at home at the time of the incident and witnessed the courier opening the door.

[dx100uk]

was this amazon? or a courier company?

dx

[kabuzzle]

Judging by Amazon's response it was a third party contracted by Amazon to do the deliveries.

[dx100uk]

then they are your target or both, as joint defendants named in any subsequent court cases/claims

on an amazon order you get an email/contact from the courier, on their site did you fill in their part regarding to leave parcels outside and not to open the door?

[BankFodder]

The picture you have created in your post is not entirely clear.

You take to letterbox shut. Presumably that is within the front garden?
You instructed them to leave items in the shed – presumably that is in a back garden?
They opened the door – which door? Is this a door to the front garden? The back garden? The house? If it was a door to the house then was it a front door or a back door?

Please can you clarify

[kabuzzle]

Sorry, as I said I'm still in shock at it all.

 

The gate is to my front garden where delivery drivers usually stop (leads straight on to a busy A road),

the sign directs them to go round the back of the property for access.

The back of my property has the back door with letterbox, box beside the door for mail and the garage/shed is right beside my back door.

[BankFodder]

Sorry but I still don't get it.

What I'm starting to understand that is that this all happened at the back of your property.
The back of the property has a letterbox which is on the outside so there is no need to enter into the garden in order to put things through the letterbox.
However the letterbox was taped shut.
This means that the only way to deliver things to your property is by going into your back garden and that is where the shed is.
So the delivery agent went to the back of your property has directed. Entered the back garden to put the item into the shed and as they did so, the dogs escaped because they were in the back garden.
Is this correct?

If it's not then I think you better start drawing a diagram
 

[kabuzzle]

No, not at all.

 

I possibly should have started by stating I live on a farm.

 

The back of my property is the farm yard with a farm track leading to it off of the road.

My dogs were inside the house.

My back door also has a letterbox which, as mentioned, is taped shut.

The delivery driver opened the door and the dogs escaped. 

There was no need to open the door at all and it really escapes me why she would when she could hear my dogs going bananas on the other side.

[BankFodder]

Well it certainly helps a little bit now that you have disclosed that you live on a farm.

You keep on referring to the "back door". I asked you a on whether this is the back door to your house and you haven't addressed this. I'm getting the impression that the driver open the door to your house and entered your house. Could this be correct?

[kabuzzle]

Yes, it's the back door to my house. And yes, the driver opened the door to my house. Sorry if that wasn't clear

[BankFodder]

None of it has been very clear and we have had to tease the details out of you.

Was there any written warning or sign about the presence of the dogs?

Have you made a written complaint to Amazon or to their insurer? Please will you post it here in PDF format.
Have you had any written response? Please could you post it here in PDF format

Please can you tell us about the dogs. Are they special of some kind? You have talked only about the cost of cremation. Are there any other losses that you consider that you have incurred.

It seems to me that the delivery driver trespassed on your property and this will be the basis of your claim.

I would suggest that at the moment you don't allow yourself simply to be controlled by Amazon or by the insurer. You can be certain that their insurer will simply do their best to restrict their losses or even deny them altogether.

You better try and layout everything – and it would be helpful if you could do it at one go rather than take 24 hours please.

[BankFodder]

22 hours ago, dx100uk said:

then they are your target or both, as joint defendants named in any subsequent court cases/claims

on an amazon order you get an email/contact from the courier, on their site did you fill in their part regarding to leave parcels outside and not to open the door?

Also I see that my site team colleague asked you the question which I have quoted above. You don't seem to have addressed this either.

Please can you give us all of this information. It will be helpful to us and eventually it will be helpful to you if we know the answers

[kabuzzle]

I'll try to be as detailed as possible!  

On Wednesday, my husband was at home in the middle of lighting the fire when he heard our dogs start to bark which usually means either the farmer is going about on his tractor or someone else has came near the back door.

When he went to check, there was a delivery driver standing in the doorway and the dogs were nowhere to be seen.

The delivery driver said she had a parcel and when my husband asked where the dogs were she replied "oh they ran off" and then asked him to sign for the parcel.

My husband grabbed the leads from the back door as the delivery driver got in her van and drove off.

My dogs were running riot around the yard, my husband went to open the boot of the pickup truck as they always make a beeline for it 

in that space of time Ethel ran on to the road where she was hit and killed outright. The lady who hit her stopped and called the police who attended within minutes.

I ordered the items on Amazon and it was sold by and despatched by Amazon.

On the day of delivery I received an email from Amazon stating it was due to be delivered and asking if there were any delivery instructions.

I checked that my usual instructions were showing, which they were (have attached screenshots in PDF format).

There was no indication it was a third party delivery company and, indeed, is still showing as delivered by Amazon on my account (screenshot attached)

I contacted Amazon via live chat (I'm thinking this wasn't the best option?) Was told it would be passed on to relevant department and then received the attached email from their insurers.

I filled in the form which was a generic one for damage to a vehicle and also replied to the email saying that I wanted to claim for cost of cremation and also cost of my dog. She was a 3 year old boerboel who cost us £1200.

I forwarded them the vet invoice for the cremation and also the receipt for amount paid for my dog.

I gave them the details of the lady who hit our dog (with her permission) so they could contact her with regards to repairs to her car.

The sign on our front gate states "dogs on property. Do not open gate. Please leave parcels in shed at back door" and also on our delivery instructions with Amazon it states there are dogs and not to open the doors.

This was more to protect the delivery drivers as Ethel the boerboel was very territorial and I also own a year old dogue de Bordeaux.

 

 

[BankFodder]

Thank you. That's helpful.

Please will you monitor this thread for reply later on this afternoon – or maybe tomorrow.

In the meantime, please could you combine the PDF files that you have posted above into a single PDF file, in order, the right way round et cetera.

We are looking for a multipage single file PDF format. Not a bunch of individual files with no indication in the filename as to what each one might contain.
Thanks

[kabuzzle]

Have attached multi-page PDF in order mentioned above. Two pages of the delivery instructions, page showing "delivered by Amazon" and email from claims company.

 

Delivery instructions 1-merged.pdf

[BankFodder]

Thank you. That all seems to be fairly clear.

In my view there is a trespass here. I suppose it is also a breach of contract. In addition to actual losses in respect of a trespass you could claim for an additional sum for the trespass. Trespassed the property basically implies an insult to your status as the ownership of property and this would normally be addressed by a payment of damages.

I would suggest that in the event you consider adding an additional £200 for the trespass in addition to your actual losses which is the price of the dog, cremation – and any additional expenses.

Of course they will balk at the idea of the damages for trespass but they would try to reduce whatever figure you came up with and so adding an extra 200 quid for trespass gives you some wiggle room so that you can pull back if you want and they will feel that they have saved some Face by beating you down to hundred pounds.

It's a shame that you use their standard form to make your complaint. This was not the best idea. You should have made a complaint in writing.

I suggest that you make a complaint in writing now.

Have you got a copy of the form that you filled in online? Please post it here

[kabuzzle]

Thank you, that's very helpful. I'll compose a letter this evening. Should I send it to Amazon themselves or the claim company?

 

I've attached a PDF of the form they asked me to fill in, stupidly I didn't think to save my responses.

AMAZON EXEC Claim Form(1).PDF

[BankFodder]

Well as you clearly realise, it was not the best idea to fill in a form and then not keep any record of what you said.
You will have to write to the insurer and ask them for a copy of it.
You can be certain that it will probably not be forthcoming very easily.

It's probably about time you started protecting yourself rather than following instructions from others who don't have your best interests at heart.

As you have already started procedure, then send it to both parties. Make it clear that they have each got copies of it.

[kabuzzle]

I'm really kicking myself for even filling in the form in the first place, never mind not making a copy. To be honest, today is the first day since it happened that I'm feeling even close to normal.