Damage caused to fence - rights?

kimmi_b

Hi guys, need some advice please.

We have returned home from work to find that a van belonging to a local company who are working on next doors property, has managed to knock our concrete fence panel out, damaging 2 fence panels and our gate.

We phoned the guy straight away only to be told "he can't remember hitting the fence and will have a look tomorrow".

I'm pretty sure that I would remember hitting a concrete fence post so hard that it is knocked out of the ground but hey that's just me!

I was just wondering what our rights are if he denies liability - would we be in a position to take him to small claims court or would it be best to just claim on household insurance?

4743hudsonj

Have a good luck at his van. a bang like that must leave a mark. If there is one take pictures and go ahead and chase the money.

If not then insurance will be better as you have no proof.

kimmi_b

Cheers, that's exactly what we are hoping to do tomorrow when he comes back to finish the job (the work next door, not the rest of our fence we hope!).

never bloody rains but it pours!

Zandoni

Not sure your household insurance covers fencing

4743hudsonj

MrCEO wrote: »

How exactly do you know this was the van?

Im guessing its reasonably assumption. I cant think of many situations where a normal motorist would cause this sort of damage. Its more likely to be somebody with access to that property and a need to manoeuvre vehicles on the property.

But the op should find out tomorrow.

kimmi_b

MrCEO wrote: »

How exactly do you know this was the van?

You can see the gouge marks on the concrete panel - they are so high up that it isn't feasible that they would have been caused by a family car.

The fencing panels run along the side of our house as we have an unpaved access road that leads to the back of our house for parking (also access for 3 other houses). Next door to us has just moved in and had a delivery yesterday dropped round the back - ironically of concrete fence posts and fence panels! She was home all day and said it was the only delivery she had. The other 2 houses that people would want to access - 1 couple are away and the other one is currently unoccupied. So although I don't know 100% that it was the delivery van from yesterday, I am about 95% certain!

Will be finishing work early to take pictures of the van (if damaged). Hopefully the guy will just admit liability (after all he works for / owns a company that puts up fencing for a living!).

kimmi_b

Guy has admitted damaged and is currently making repairs as we speak - no mention of the denial yesterday!! There are some decent people still out there

tbw

Good to see that you got a sensible result! Its a sad comment on 'life' that we should be surprised that he 'fessed up!

kimmi_b

I shouldn't have been so hasty in posting to say the problem was resolved! He sorted out the fence post & panel, but we are left without a gate - supposedly he was coming back yesterday but to my shock & horror he didn't turn up! In the meantime we are left with unsecured back garden Am going to give him a week to sort it out, if he doesn't then we will have to stump up the cash for replacement gate ourselves and will take great pleasure in naming and shaming the company.

Happy Sunday everyone!!!!