Our slates damaged next door's car.....

lisyloo

Apart from the widespread abuse of any "no fault" system, I think it's highly unjust to make people liable for things that aren't their fault.
This will hopefully NEVER get into our legal system because it simply is not doesn't fit in with justice.

A person has an accident causing brain damage which is nobody's fault. No-one to blame and no insurance policy to cover the injury. So no payout from anybody and person (or their family) struggle for ther rest of their life to try and salvage some quality of life.

People should get their OWN insurance for death, sickness, accident and redundancy.
Lots of things happen in life (like natural death) that aren't anyone's fault.
If you want to protect your family then you should engage in proper financial planning and pay for your OWN insurance not try to stick it on someone else.
Quite frankly the blame culture stinks.

courtjester

lisyloo - the point of a no-fault system would be that no-one is blamed for an accident or injury so no-one would be held liable even if things were their fault ...

The current 'sue-everyone' and litigate to death over the most minor thing you can 'stick on someone else', comes precisely from the litigation culture encouraged by the existing 'fault' system.

A basic no-fault system is already in effect - it's called the NHS. Removing fault from the legal system and replacing this with (a much cheaper because there's no lawyers to pay) community insurance for everyone would merely be an extension of our health care.

It would enable us to concentrate on making sure people with injuries get the help and aftercare they need everytime - and this is not based on whether they can find someone to blame for it.

It could easily be managed to the point that people are provided with free care facilities, not cash so fraudsters would have no reason to abuse it.

Astaroth

The other option of cause is to do what is being discussed at the moment and push the limit for the small track up massively (currently assumed to go up to somewhere between £2.5k and £5k though certain people are pushing for £10k) and therefore eliminate no win no fee claims for minor trips and falls etc

lisyloo

It would enable us to concentrate on making sure people with injuries get the help and aftercare they need everytime

Don't state benefits already cover this? (means tested of course).

Nightjar_2

Hello all, well here goes my first post, I have read through this thread and have ended up slightly confused. In the severe winds in January the cowling(sp) tiles from my neighbours property, I live in a semi by the way, were blown off onto my car. This caused quite a severe amount of damage to the vehicle which is on a SORN as it had recently failed its MOT, the vehicle was also uninsured.
Having approached my neighbours they contacted there insurance company and eventually they told me that they would not be paying out. Obviously a little annoyed about this I went to the Citizens Advice Bureau to seek advice, they told me that the insurance company should pay out to repair my vehicle, despite many attempts to contact the insurance company I had no joy.
I then got in touch with the Financial Ombudsman who issued a complaint on my behalf and they gave the insurance company 8 weeks to respond. This week I received a letter from the Financial Ombudsman informing me that they cannot pursue my claim as I am not a customer or potential customer of the insurance company?
So to the present day, I have a car on my drive that hasnt moved for two months and is probably worth a lot less than what it is going to cost to repair it. Where do I stand? do I have a claim against anyone? I am sure that I read in my neighbours policy something about damage to other peoples property being covered, isn't that my car? And finally would I be in the same situation if the tiles had hit someones head?
Any advice would be greatly received, many thanks in advance

lisyloo

Hi Nightjar,

You neighbour is only liable if they were at fault.
For example if they had let the property fall into a terrible state.

Presuming that they haven't done this then I'm afraid the strong winds we experienced are not your neighbours fault and they are not liable for what has happened.
I think you have had bad advice from the CAB.

Where do I stand? do I have a claim against anyone?

No (unless they let their property fall into disrepair).

I am sure that I read in my neighbours policy something about damage to other peoples property being covered, isn't that my car?

If it's their fault then YES i.e. negligence on maintenace.
If it's not their fault i.e. the wind then - NO.

And finally would I be in the same situation if the tiles had hit someones head?

The situation would be identical legally.
If it's your neighbours fault they would be liable.
If it's not their fault then they are not liable for what the wind does.

If you want protection from things that are no-ones fault (like the wind) then you need to get your own insurance policies.
You can get policies for both cars and personal accidents.

gazza975526570

You can only claim from someone elses insurance is they are at fault.

If they have maintained their roof to a good standard of repair and the only reason the tiles have falled off is due to the storm winds then you cannot hold them liable for the incident.

As such their insurance company are not liable for the damage.

I agree with the poster above - the CAB seem to have given you poor advice

[Deleted User]

My dads fence panel blew out and hit a car. They had to inform there car insurance company who claim from your house insurance (either that or it was just off the car company without blaim i cant remember). You are not liable for their excess and it would be clasped as an "act of GOD" everybody's happy

God definatly had somthing to do with it, hmmm cant remember was about 10 years ago.

lisyloo

They had to inform there car insurance company who claim from your house insurance (either that or it was just off the car company without blaim i cant remember).

The car insurance company would claim off the house insurance if it was down to regligence i.e. bad maintenance.
If it's no-one fault you can claim off a comprehensive car policy.

The problem in this car is that the poster does not have car insurance.
So he left his car outside without insurance which is a risk.

Not everything that happens is someone's fault.

FlameCloud

[QUOTE=Yant1;4753981 You are not liable for their excess and it would be clasped as n "act of GOD" everybody's happy

God definatly had somthing to do with it, hmmm cant remember was about 10 years ago.[/QUOTE]

There is no such thing as an act of god in insurance.