Damage to persons van on our property - liable?

Incyder

Road_Hog wrote: »

Call them and ask. You'd be surprised at what isn't covered. Our fence blew over in some very strong winds a few years ago and we couldn't claim for having it put back up.

fences and sheds are not covered normally unless you pay extra, BUT a bicycle that gets nicked from the shed is usually covered up to the value of £500

shaun_from_Africa

In most cases, the term "act of god" doesn't matter.
If you have a tree that topples over and damages your neighbours house, you are liable even if you can show that the tree was well maintained and you have no reason to suspect that it was likely to fall.

It's the same with your roof.
If a tile came off and hit the postman, you would be liable for any injury even if it was caused by strong wind.

This is the relevant term about public liability from my house policy.

19. Property owner’s liability
Any amount that you or your family become
legally liable to pay as compensation (including
claimant’s costs and expenses) arising from
your ownership (but not occupation) of the
premises which causes accidental bodily injury
including death, disease and injury to any
person or damage to property.
Arising from:
a) your ownership of the buildings
b) defective work carried out by you or your
family or on your behalf to any private
residence within the United Kingdom, the
Isle of Man or the Channel Islands disposed
of by you or your family before the
occurrence of bodily injury or damage in
connection with such private residence

That is the whole purpose of public liability insurance. To cover the losses of people visiting your property, or for losses caused by your property.

Quentin

shaun_from_Africa wrote: »

If you have a tree that topples over and damages your neighbours house, you are liable even if you can show that the tree was well maintained and you have no reason to suspect that it was likely to fall.

It's the same with your roof.
If a tile came off and hit the postman, you would be liable for any injury even if it was caused by strong wind.

Ignore all this.

The relevant term quoted is this one:

Any amount that you or your family become legally liable to pay as compensation

You are only legally liable if you are proved to have been negligent!

King_Nothing

I'd claim off my own insurance instead of trying to worm out of something that was ultimately your husbands faults.

shaun_from_Africa

You are only legally liable if you are proved to have been negligent!

So are you saying that if your house catches fire through no fault of your own and burns down your neighbours house, then your insurance won't cover it?

You missed out the most important bit

premises which causes accidental bodily injury
including death, disease and injury to any
person or damage to property.

You don't have to be negligent if it was an accident.

Public Liability Insurance

Public Liability Insurance covers anyone who is in (or near) your home and suffers injury or death. The covers usually ranges between £250,000 and £1 million. Scenarios where this may occur include:

Protection from claims by trespassers, for example the injured burglar situation. Also remember that scaffolding can be a liability when you are having building repairs/renovations.
Falling objects from your house, e.g. a tumbling tile, falling rubble during renovations.
Public Liability insurance is sometimes included in Building and/or Contents insurance policies but always check to see if you are covered. If you run a business from home, you will need to investigate specific business insurance which is a legal requirement.

scotgirl

I posted on the insurance forum too, thanks for that tip.

Called the insurance and they said they wouldn't cover it, it was an 'act of god' and therefore he needs to claim through his own insurance. The insruance free legal advice line said the same thing and so did my work free legal advice line.

Quentin

shaun_from_Africa wrote: »

So are you saying that if your house catches fire through no fault of your own and burns down your neighbours house, then your insurance won't cover it?

That's correct. You are only liable if negligence can be proved.

You often will see upset ground floor flat residents discovering they have to use their own insurance (or pay their repairs themselves if they have no insurance) following flooding from upstairs residents when no negligence is involved.

George_Michael

Called the insurance and they said they wouldn't cover it, it was an 'act of god'

Sounds like a typical insurance answer to avoid paying out.
Was it god that stacked the kickboards up against the house?

The other problem you may have is that if the van owner does claim from their insurance and loses their no claims discount, there is nothing to stop them taking legal action against you to cover the losses that they incur. This could include their NCD, any excess that they have, and compo for the time the van was off the road.

Quentin

George_Michael wrote: »

The other problem you may have is that if the van owner does claim from their insurance and loses their no claims discount, there is nothing to stop them taking legal action against you to cover the losses that they incur. This could include their NCD, any excess that they have, and compo for the time the van was off the road.

This would be defended by the insurer - as again, the van owner would have to prove liability (by way of negligence) over this! (If the van owner's insurers thoght they had a case, then his insurer would take action against the home owner's insurer to reimburse them!).

(If the van man won, the home insurer would pay out!)

fivetide

I'd be paying. As above, if it was a friends' car you wouldn't have an issue would you so why stiff this bloke?

Hope you got an agreed price before you decided to ask this because if not, you might well be paying anyway!

5t.