Car damaged by fallen fence

Gina81

Hi all

My car was parked next to a housing development that is secured with a six foot metal fence.

During the recent high winds the fence blew down and damaged my car - large dent and scratches all down the side of the car.

I'd rather not persue the claim through my insurance provider due to loss of NCD and excess not to mention increased premiums for future years.

Is the property developer liable for the damage? Can they claim that it is not negligence on their part but due to high winds?

I'm considering going through the small claims court but would appreciate any advice that you may have.

Regards

marlot

They're liable if they were negligent.