Accidental damage by neighbour

Mrs_Chip

Our neighbour knocked a very heavy plant pot onto our oil tank (his garden is above our yard) and split it.

For various reasons we have no insurance. He is insured but his insurance company are saying we have to claim off of our (non-existant) insurance and then they will deal with them.

The neighbour has admitted it was his fault, and has been very helpful. The tank was old and because of regulation changes cannot go back where it is, so whatever needs doing will not be cheap.

How do we get his insurance company to deal with us?

Quentin

Write to them stating you hold their insured responsible, outline the negligence you hold him responsible for and ask them to deal with all your costs. Then take it from their response.

lisyloo

You do not have to go through your insurer.
They might prefer to deal that way but it's not obligatory.

Send them your details and costs direct. If you feel they aren't being helpful then you could consider using recorded delivery which is 75p. This doesn't 100% guarantee that your letter will get there but in my experience it removes the chance for them to use the excuse of "it must be lost in the post". Up to you of course, but it's an option.

McKneff

I would definitely use recorded delivery for anything you send them.

TonyMMM

You are quite entitled to obtain quotes for repair of your tank and send them to your neighbour (your claim is against him) - whether he chooses to pay himself or send it to his insurers is a matter for him to decide.

Prepare youself for a "negotiation" over your statement that the tank will have to be moved..... they may consider that re-siting the tank and any associated pipes being moved is not their responsibility (even if there is no choice).

lisyloo

whether he chooses to pay himself or send it to his insurers is a matter for him to decide

Or whether he chooses not to pay at all?
I am not a lawyer but I don't think it's certain that the neighbour is legally liable (or insured) here (see mention of negligence in post #2).

Mrs_Chip

Thanks for all the helpful replies.

We realise there might be a issue with the cost of re-siting, and tbh we would not be unhappy if only some of the costs were covered (perhaps the cost of replacing the tank), so are willing to be reasonable.

ged1980

And i would look into getting insurance

Mrs_Chip

Thanks Ged, don't think that important point has been missed!

Mrs_Chip

Lisyloo - could you explain what you mean please? The neighbour seems to think he is covered, is there a possiblity his insurers will say he was negligent?

lisyloo

Lisyloo - could you explain what you mean please?

I am not a lawyer but my understanding of the law is that someone is only legally liable if they are negligent.
So for example if I parked outside your house and there was gale force winds and a roof tile smashed my windscreen - then you wouldn't normally be liable.
If you had been negligent e.g. your roof was in a really bad state of repair then you would be liable.
If your neighbour has been negligent in some way then he is covered because house insurance policies provide cover to 3rd parties for negligence.
If it was a genuine unforseeable accident then I'm not sure he's legally liable and the insurer may not be willing to pay out.

The neighbour seems to think he is covered

He could be confusing the accidental damage cover he has for HIS building/contents, which won't necessarily extend to yours.
I believe the section this would come under would be the liability to 3rd parties.

is there a possiblity his insurers will say he was negligent?

That's not a problem - he's almost certainly covered for that.
The issue is if they say he wasn't negligent, it was just an accident and therefore he's not legally liable.

I am not a lawyer, but this comes up a lot on these boards particularly with flats e.g. water leaks from one flat to another and most of the time if it's a genuine accident then there is no legal liability.

Obviously we can't say what would happen in your case.
Perhaps someone might consider putting something so heavy so close to the edge was negligence - that's what solicitors are for.

Quentin made it clear in post #2 that you have to outline his negligence.