VIC A contractor ran over my dog causing injury

[Avril]

I enlisted a fencing contractor to make some adjustments to our current fencing. He was required to enter my property to do so. Prior to engaging him I introduced him to my dog who always greets visitors at the gate (we live on 1 acre). When he started he didn't book a particular day or time with me. On his first day here, when I got home from work my dog was behaving very anxious. On his second day here, he ran her over on my property whilst entering with his ute. He at no time displayed any remorse or concern for her. She was injured and as a result has cost me $6000 in vet bills and surgery (she required pan carpal arthrodesis surgery). His bill came to $1800. I asked him at the time if he would contribute to the vet bill as I believed he was negligent. He agreed (verbally) and asked that I send him a letter of claim for his insurance company. I then received a hand written letter from him stating he would not be paying any money towards the vet bills and enclosed copies of the insurance company's suggested wording to me. I called him and asked what did this mean, he disconnected the call. I did nothing further and hoped that he would let bygones be bygones and leave his bill and I wouldn't expect any money from him for the vet costs. On Monday this week I received a Letter of Demand from a debt collection agency for his outstanding bill. I emailed them and advised I would enlist a solicitor (originally I did speak to my solicitor and didn't proceed as I hoped the matter would not escalate) and to forward any correspondence to them. I then emailed my solicitor advising I would now require their service. The next day I received an email from my solicitor explaining that they now were faced with a conflict of interest as the fencing contractor had also contacted them and made an appointment without them realising it related to me. I then received a phone call from the debt collection agency advising they would now be refusing the job from the fencing contractor as he had been dishonest with them in that he stated there was no conflict and I had simply refused to pay his bill. I am not sure what I should do now. Do I proceed and claim expenses from him or would this prove too costly. I'd appreciate any comments or advice.

 

[Rod]

If your solicitor has acted for you in the past then they should, in theory, withdraw their engagement from the fencer.

 

[Avril]

If your solicitor has acted for you in the past then they should, in theory, withdraw their engagement from the fencer.

Thank you for your advice. What my solicitor explained to me was that they didn't know at the time of his booking an appointment that his matter involved me. They did advise him at the time he couldn't engage them either due to the conflict of interest.