My drainpipe damaged someone's car (?)

David_Cd

Hi - thoughts anybody!

This evening a vandal/s attacked a 30 foot drainpipe of mine and brought the whole thing down. It was very heavy and firmly fixed to the external wall. I was out of the house within 2 mins but no sign of anyone. It looks like when my drainpipe was ripped away from the house it might have caused some minor damage to a car. Can't be 100% certain. A Community Support Officer came round and took all the details.

I'm wondering if I may be liable for the damage to the car?! I've got ordinary buildings and contents insurance (£100 excess). The policy doesn't seem to cover damage away from my property.

They've attacked this drainpipe before. Depressing. If I have it fixed it may be targeted again. What a country we live in . :mad:

dacouch

The law says that you are reponsible to pay for it if "You are legally negligent" this in effect means could you have taken "Reasonable" steps to avoid it.

A good example of this would be if you had not been maintaining the drain pipe and it was obvious it needed repairs if it then fell off and hit your neighboors car you would be deemed as being "Legally negligent" eg the damage could have been avoided by taken reasonable steps eg by maintaining it.

The chances are you are not liable for the damage to his car as it was the actions of the vandals than caused the damage and I assume it was not "reasonable" for you to have either anticipated this event or avoided it.


If he does pursue you you have a section under your building insurance called "Property Owners Liability" which covers claims against you which are caused by your structure or land for which "You are legally Liable to pay" This would pay out to him if your Insurers felt a court of law would rule in your neighboors favour which it sounds unlikely unless their are other issues I'm not aware of.

If you look in your Home Insurance Policy you should have free legal advice, it just costs the price of a phone call. The number is normally in the first few pages or last few pages

I hope this helps

David_Cd

Thanks Dacouch, for your speedy and thorough reply. :T

For once it looks like the law might follow good common sense which is nice.

The drainpipe had been heavily bracketed on in 6 places so I feel there is not much more I could have done.

I'm inclined to leave the house without a drainpipe for a few weeks. Hope it doesn't rain too much!

Cheers again!

dacouch

Sounds like you were not "Legally negligent" he would have to prove you were.

He will prob try and ask you to pay for it but I would just tell him to find the vandals

FISHER_CHRIS

Dont leave it without a drain pipe for any longer than you have to the resulting damage to your house could be quite extensive ,damp walls, wallpaper peeling off etc if left for too long it could even be the start of rot problems and your insurance company would say its your fault for not repairing the drain pipe