At the beginning of November 2019 I rented a mini-dumper and a mini-excavator to build a floor plate and various trenches for water pipes and power supply on my property. I then handed these over to the company. Since I had to go to my father because of health problems, I gave the owner a gate key and a remote control for a garage door, through this one also has access to a separate apartment, which also belongs to us. I gave them access so they could go to the bathroom. After iich came back a few days later, I found that the rented equipment and various machines (drill, cordless screwdriver, vibrating plate, etc. All High quality) and from the living room TV, PS 4, laptop, etc. Were stolen. Before handing over the key, I let me show the business license as well as a passport, everything agreed, I also received an offer by personal handover. As it turned out in retrospect, it was fake documents, there's neither the company nor the person. Of course, when I arrived at home, the police were notified and reported for theft, but the police are handling this incident as embezzlement. My problem now is the misappropriation of household insurance does not apply, but I think this is trick theft. The total damage amounts to over 36,000.00 euro. I thank you in advance for any helpful answer.
The right person here would be determined a lawyer, but by the fact that you have left this "construction company" the key, I would rather classify this as extremely negligent. Quite apart from that, which construction company has no mini excavator, etc. So that the customer has to rent this elsewhere…
Strictly speaking, you have provided the company with the devices, but these were then suppressed by him. Assuming he had broken into the house, one could rather speak of a theft…
For better understanding, I'm a layman, so that's my personal opinion…
I gave the company owner a gate key and a remote control for a garage door, through this one also has access to a granny flat, which also belongs to us. I gave them access so they could go to the bathroom.
The FS has the "perpetrators" voluntarily / reckless access enabled, the insurance does not pay here is logical and understandable for me.
Tip: Read the small print of the insurance conditions.
See that as well…
Since you have virtually entrusted the "company" with the power over all the stuff, I'm afraid that it actually amounts to embezzlement. But IANAL - I'd probably consult a lawyer on the claim.
