our bin smashed a window-help

jenniferfluff29

Depends on your own conscience. A little kid fell against the door of my car and dented it. Police wouldn't do anything as it was accidental. Spoke to the boys dad and he refused to pay anything towards getting it fixed as he knew he couldn't be forced to pay up.

How can you be held liable for something that is an act of god and you did not intentionally mean to break the window?

Food for thought.

bryanb

PasturesNew wrote: »

It's still the OP's bin.

As I said, imagine if it were reversed and "Neighbour's bin was left out, during the night it was windy and it's blown into my car and put a dent in my wing...." and that was your car?

Would you shrug and go "Never mind, act of God, could have happened to anybody. It's OK, I'll cancel my Xmas and get it fixed out of my own pocket"?

In that case I'd insist on an ID parade of all the bins in area. Plus a couple of ethnic bins (Recycling)

rsykes2000

bryanb wrote: »

In that case I'd insist on an ID parade of all the bins in area. Plus a couple of ethnic bins (Recycling)

Ethnic bins ?

kmmr

jenniferfluff29 wrote: »

Depends on your own conscience. A little kid fell against the door of my car and dented it. Police wouldn't do anything as it was accidental. Spoke to the boys dad and he refused to pay anything towards getting it fixed as he knew he couldn't be forced to pay up.

How can you be held liable for something that is an act of god and you did not intentionally mean to break the window?

Food for thought.

My extensive legal knowledge (gained exclusively from Judge Judy) is that you can claim against the parents when kids damage your goods.

Might have to lodge a civil suit I guess to follow it up - but Judge Judy nevers tells me how much that would cost!

bryanb

rsykes2000 wrote: »

Ethnic bins ?

See inside brackets. It was a joke.

purple-fairy_2

ok well to update everyone-the owner has knocked and says she wants us to help cover the costs as she doesn't want to claim on her insurance as it will bump up her premium and she'd still have an excess to pay. She claims that someone kicked the bin and the handle corner went through the window. I'm unclear whether she is sure of this or if it's assumption on her part.

I have just spoken to citizens advice and they have said that it should be claimed on her insurance. So it would appear that legally we are not liable.

Morally I would love to be in a position to help out but we are moving in a month and literally every spare penny we have is tied up in that.

bryanb

purple-fairy wrote: »

ok well to update everyone-the owner has knocked and says she wants us to help cover the costs as she doesn't want to claim on her insurance as it will bump up her premium and she'd still have an excess to pay. She claims that someone kicked the bin and the handle corner went through the window. I'm unclear whether she is sure of this or if it's assumption on her part.

I have just spoken to citizens advice and they have said that it should be claimed on her insurance. So it would appear that legally we are not liable.

Morally I would love to be in a position to help out but we are moving in a month and literally every spare penny we have is tied up in that.

If she is aware that someone kicked the bin, that is the person to chase.

zzzLazyDaisy

purple-fairy wrote: »

Morally I would love to be in a position to help out but we are moving in a month and literally every spare penny we have is tied up in that.

It seems to me that the 'someone' who kicked the bin is the person responsible, but you as the owner of the bin are an easy target.

If you were staying around, I'd probably suggest you consider making a contribution - not because you are legally liable, but because neighbour disputes can escalate and if you have to live there sometimes compromise is the better way, regardless of the strict legal position. But as you are moving shortly, you might as well keep your head down and tough it out.

blckbrd

bryanb wrote: »

In that case I'd insist on an ID parade of all the bins in area. Plus a couple of ethnic bins (Recycling)

PMSL

Could have been anything OP - you didn't see what happened.

Would probably need all the CSI teams to prove it was your bin and even if it were proved, they'd have to additionally show your negligence to make you culpable.

Castleman

Love it - the owner admits that you had nothing to do with it, but thinks you should help pay! Why not ask the bin manufacturer to chip in too, and the person that sold the bin, oh yes and the council because they use it. In fact there are lots of incidental people that could be asked for money...you're one of them but no obligation to pay!