Damage to third party vehicle on our property - liable?

dacouch

I've seen MMA decline a similar claim under a Tradesmens Liability Policy, the wind blew fencing that was placed next to a skip onto next door neighboors car. They repudiated claiming an act of God.

Bear in mind MMA have a habit of declining most claims though...

adouglasmhor

gregd wrote: »

my view is based on the van driver not touching them. if the van driver did then that makes a big difference but original post refers to them being blown over.

But he could see them before he parked there, did he not think they could be blown over? I have had a wheely bin blow across the road in front of my car before, if it had hit me who would have been at fault?

gregd_3

Each claim would be dealt with on their own merits and for a wheelie bin to have been blown about then there would be no negligence attached to the owner of it assuming that it must have been gale force/storm conditions that day.

FlameCloud

lisyloo wrote: »

Genuine question for my ongoing education.
The van driver had a choice where to park and I'm assuming the boards were in full view. Does this come into in at all?
I think we have 1 yes and 1 no.
Any advances?

If the tradesmen new that the boards were there the insurers could in theory defend it using the Volenti defence (basically that the third party consented to the risk and still went ahead with it) but it is quite a limited defense against negligence.

My opinion- it would depend entirely on whether the owner of the property considered there would be a risk of the boards falling over. In any event, simply tell him to put it in writing and pass anything onto your insurer- it is not a case of the policy holder not being covered.