Energex Truck Damaged My Telephone Line and Tore The Fascia from My House - Not Accepting Responsibility

So last week Energex were doing work on my street for the day. In the morning I left for the day and saw them all out on the street doing said work. When I returned late in the afternoon there was a note in the door:

"There has been an incident involving our truck which has caused damaged to your telephone lines. Energex is aware, call there general number. Sorry."

I then went to have a look at the front of the house and found the telephone line on the front yard, along with a big chunk of the roofs fascia and other damaged external NBN equipment.

I then spent 50 minutes on the hold waiting to speak to Energex, once answered they had no reports of this issue and this was all news to them. They told they'd investigate and that I had to sit tight with no internet. No response for days so I had to keep calling them and highlight that this repair is urgent as they were completely at fault and I run a business from home that depends on internet use.

Just yesterday they have now reported they will pay for the repairs as apparently it is my fault….!!!! Refusing to talk on the phone and not answering calls, here is there email response:

"I asked the business to investigate what had happened, and I have been provided with the following information:

Our crews were driving a truck (which has a 4.3m travelling height) on Thursday, and when driving on ******* St, the NBN/ Telstra service line crossing the road, has snagged, pulling the raiser bracket off the house, damaging the fascia on the house and broken the NBN equipment.
Telstra is required to ensure that the line is at a minimum height of 4.9m in the centre and 4.6m over any other part of the carriageway.

On speaking with ******* this morning I had indicated if we were responsible for said damage we would offer reimbursement for any contractor fees which you needed to engage to rectify faults, however given that I have since discovered we are not responsible for this damage, I unfortunately will have to redirect you to NBN to escalate the matter of no internet service and make claims against them for the damage to your home."

I can't believe this. They straight up destroyed my telephone line and the roof of the front of my house, while I was not home and didn't even report it. Now they are flat out refusing to do any repairs. I've been in contact with NBN, they had technicians come out on Monday who just basically laughed and said it's on Energex to pay for these repairs. The telephone line has been in this position for at least 15+ years with no issues at all.

Where do I go from here? This has been extremely stressful time and couldn't have happened at a worse time for me. I haven't been able to work from home for over a week now, having to drive to a local café to do my work all day. These repairs are going to cost a lot and I do not have the money for this. I would really appreciate any help on what I can do.

Thank you.

Mod: Thread closed as OP has created a ghost account. They express their thanks for the users who have responded to the question.

Related Stores

energex
energex

closed Comments

  • +3

    Good question with who to raise this with.

    Not sure which one is the best answer, but here's a few options:
    * House Insurance
    * Energy Ombudsman
    * Telecommunications Industry Ombudsman

  • +3

    Hi - check out https://www.telstra.com.au/content/dam/tcom/personal/help/pd… and in particular 5.3.6

    Please create a mspaint of the incident.

    • +4

      Interesting.
      Although, although that does say clearance of 4.9 is required, and their alleged truck is 4.3m - this tends to suggest that whomever put the lines did a bad job. However, the truck did snag and cause the damage.

      So, is is the equivalent of me taking my big 4WD and just smashing into a parked Ferrari because they're parked over the lines in a parking spot, and it's not my fault at all, because they should not have been over the parking lines. Moreover, if said Ferrari then spins around and hits an adjacently parked Toyota Camry then the driver of the Toyota Camry has to seek repairs from the Ferrari owner and not me.

      I think the OP will need lawyers to get anything resolved. There'll be much finger pointing and nothing will get done otherwise

      • +6

        I think the OP will need lawyers to get anything resolved.

        I'd be checking in with house insurance and use their lawyers. Hopefully they'll cover and sort it out (I'm sure they'd make plenty out of that claim!)

        • +1

          Problem with house insurance is that there's always an excess - there's no "at fault" so the OP will still be losing their excess.

          • +1

            @FoxJump: 1) Spend the time and money on lawyers etc, waiting for a conclusion and to be reimbursed;
            2) Let home insurance do all the leg work, pay excess (<$1500?).

            Definitely if OP had the money upfront, then 1) would be the best course of action. Otherwise delegating could be potentially less stressful for OP.

            Either way, it might be worthwhile to see if OP can also claim 4G internet costs / reimbursed for loss of business etc.

            • +2

              @rompastompa: 100% agree with this advice.

              There are many on this forum who seem to not want to use their insurance and/or are scared of paying the excess.

              While I agree that (IMHO, and noting IANAL) Energex should be paying for this, the path of least resistance (and ultimately cost) may well be to use insurance, pay the excess and move on.

              Right now OP has a business that is non-operational (presumably) as it depends on internet use. OP can either duke it out with Energex/Telstra/NBN and likely go nowhere fast, presumably losing business income all the way along … or get onto their insurer, and hopefully get thing sorted in the quickest possible timeframe, even if there's a few hundred dollars excess at stake.

      • -5

        Ferraris are normally not parked 4.3 m in the air.

  • Is the Telstra wire now used as the NBN lead in? I'd be getting back to NBN, their technicians may not know the regulations regarding heights….

    • NBN don't talk to the general public. Talk to your ISP who can then talk to NBN.

      • OP has already been in contact with them already?

        • Though tbh it really should be energex doing it.

  • -1

    The asset owner is responsible to ensure that their assets are provisioned and maintained to industry standards and WHS regulations. Their duty of care includes sending out supervisors/contractors to do regular checks on aerial spans, pits lids, ACM damage, pole risers, etc.

  • If Energex had any integrity they would pay for the repairs and then chase up Telstra/NBNCo, rather than making OP do it.

    OP, it might be worth putting things publicly on their social media pages. Only state factual information, but you won’t have to embellish things to show them in a bad light.

  • The tail of two ex government owned utility incompetence.

  • +6

    Call the police and tell them someone damaged your house and did a hit and run.

    • Is it still classed as hit and run if they left a note?

      • No. The EWP didn't hit the house.

        • It did damage the house through hitting the low cable. It's indirect damage but it still wouldn't have occurred if the truck hadn't hit the low cable.

          • @brad1-8tsi:

            if the truck hadn't hit the low cable.

            The aerial drop was not provisioned and/or maintained to Telstra's specifications. This is the dispute process. The end-user calls their RSP > NBN > TLS > > Delivery Partner (DP) > PCBU > Subbies provides artifacts as evidence of completed work > PCBU > DP > TLS <> DP <> PCBU <> Subbie. This ends up with TLS back charging the DP which then passes the bill to the PCBU and the subbie ends up paying for the rework/repairs.

            The subbie is liable for their work and will pay for the repairs.

  • +1

    They say where to go in their response:

    redirect you to NBN to escalate the matter of no internet service and make claims against them for the damage to your home.

  • +1

    I would try and push back on them to sort it out. Presumably they have insurance. So they can pay and sort out the damage to your house and then chase up NBN themselves if they feel NBN are at fault. It shouldn’t be your problem to chase up.

    As someone else said post on their facebook page with facts don’t name call or anything and see if it helps gain traction.

    As for you not having internet, can you get a 4G service? It would be a tax deduction and you could continue to run your business from home.

  • yes get another form of nternet. Be glad at least they left something in writing admitting who did it.

  • How do you know the the wire was not in fact higher than the required 4.6m and 4.9m, and that Energex crew did not have some piece of equipment extended on the truck when it was moving? For example, a hydraulic work platform that was not fully lowered into position.

    • Aerial drops are contracted out to the lowest bidder. They then hire subbies that often value profits before safety. The only way for an aerial drop to sag is that the pole move or the work being dodgy from day one.

  • I've been in contact with NBN, they had technicians come out on Monday who just basically laughed and said it's on Energex to pay for these repairs. The telephone line has been in this position for at least 15+ years with no issues at all.

    but did the techs actually do something about the issue, or will organise someone for repairs?

    having worked in the ISP industry myself (although haven't been in the frontline for many years), usually the process would be: you lodge a case with your ISP, ISP contacts NBN for fault diagnostic and repairs, NBN do their thing and would recover the cost from the responsible party, you shouldn't have to be the go-between for Engergx/NBN/ISP. You paid your ISP for a service, so let them deal with it.

Login or Join to leave a comment