Liability iunsurance for Garden Damage

davebbwood

Looking for help from you money saving experts out there .....

I own a second property which I am currently renovating (in fact my Mum left it to me when she passed away last year). ANyway money is tight and I try to save wherever possible. Last weekend I have a bonfire to get rid of some timber and it got out of control and caught the next door hedge .... to cut a long story short this cause most of the hedge to burn away, melted an electric cable underneath and damaged some childrens toys.

Anyway, I rang my insurance company (Buildings only as I was told when I took it out that i couldn't have contents as the house was unoccupied) and they told me to get my neighbours to contact their own insurers and raise the claim with them and it would be passed on that way to my company.

Anyway, speaking to my company today they are suggesting that my liability cover for this incident would normally come with my contents insurance (which I couldn't get) and not the owners liability that comes with Buildings Insurance.

Does anyone have any words of wisdom on this tricky area ??

Many thanks in advance.

lisyloo

I would have a look at your policy to see what is actually covered.

I've jsut checked Barclays (first one that came up on google) and the liablity part was under the buldings and not contents.
But that's not to say that it's standard.

If you are liable but not insured then it will be down to you to pay.
If your neighbours go through their insurance then their insurance may well persue you for the costs.

I would be consulting my policy documents and saying nothing to the neighbours at present (apart from you are looking into it).

payless

Liability insurance would normally be part of both sections ( buildings and/or contents)

davebbwood

Thanks both, the question seems toi be whether the Owners Liability or Occupiers Liability should cover this issue. Do readers believe that one or the other should pick up the tab for this ?

mattymoo

Occupiers liability would cover it and unfortunately that section usually goes hand in hand with the contents cover.

Check your own household contents policy (for your main property) as that may cover you.

Insco

If you can, politely ask you neighbour's to submit a claim to their Insurers for the damage and if their Insurers think that there are grounds for a recovery from you they will be in contact ( they might not bother for a claim of this size)

Do not admit liability to your neighbour or their Insurers.

In any event The Fires Prevention Metropolis Act 1774 could well apply - this Act eliminates the common law liability for accidental spread of fire - I am assuming you did not deliberately set light to the neighbours property - so there is every chance that there is no liability attaching to you anyway

Hope this helps.

davebbwood

What a wonderful forum many thanks.

Following Mattymoo's comment - my personal household insurance does indeed include a "Personal Liability" clause which in itself implies I am covered for stuff I do which results in the need for compensation for others. However it then says in the exclusions "Liability caused by owning any land, buildsings or the property" which sounds like it promptly excludes the cover for this case ?

Also many thanks Insco - I have asked the neighbour to submit their claim which they are doing and as you point out I did not do it on purpose. When you say about the size of the claim .... .... well we seem to be spiralling as the fencing to replace bushes will cost £2k and rewirining will cost £2.8k + toys etc.

Obviously I am terrified that I could end up looking at a bill for this lot.

mattymoo

davebbwood wrote: »

What a wonderful forum many thanks.

Following Mattymoo's comment - my personal household insurance does indeed include a "Personal Liability" clause which in itself implies I am covered for stuff I do which results in the need for compensation for others. However it then says in the exclusions "Liability caused by owning any land, buildsings or the property" which sounds like it promptly excludes the cover for this case ?

I wouldn't be too sure you're excluded.

The land, building or property bit refers to claims that should be directed to the property owners liability section of a policy which is included with the buildings cover. It would pick up the cost if say a tenant in your property was electrocuted by faulty wiring or tripped on a faulty step.

The contents section covers the occupiers liability and actions of the policyholder and their immediate family members that normally reside with them. This section would cover you in the following situations :-

a) you step out into traffic without looking and cause a car accident.
b) you are on your bike and your actions cause an accident resulting in damage or injury to others.
c) you injure someone on your own property through your negligent actions, e.g. you pour hot soup down a house guest and burn them.
d) your dog bites the postman (and was known to be aggresive).

I suspect it may cover you in this instance as well unless there is a specific exclusion. Let us know the insurers and we should be able to check the online wording if available.

If this proves no use I would go back to the property insurers (where you caused the fire) and put it to them that although you can accept they were right to exclude contents cover (because you do not live there), surely it was not their intention to deprive you of liability covers for actions that a reasonable person would undertake in these circumstances, e.g. house clearance, decorating, sorting garden etc in readiness for sale or whatever.

This might need to be considered by someone at a higher pay grade such as a senior technical underwriter or liability claims specialist. For that reason, it might be worth putting it in writing to circumvent the frontline customer service advisors.

mattymoo

Insco wrote: »

In any event The Fires Prevention Metropolis Act 1774 could well apply - this Act eliminates the common law liability for accidental spread of fire - I am assuming you did not deliberately set light to the neighbours property - so there is every chance that there is no liability attaching to you anyway

Ah good old English law - this might help explain the 1774 act a little better.

http://www.12kbw.co.uk/docs/AC%20Fire%20apr06.doc

davebbwood

Many thanks Mattymoo, you are very helpful.

My home insurance provider is the AA. Out of interest the provider for the property I am renovating is Halifax.

mattymoo

The AA are a broker - they select cover from a panel of insurers. Somewhere on your policy documents it should say who it is placed with.