Accidental damage by neighbour

silvercar

The tank was old and because of regulation changes cannot go back where it is, so whatever needs doing will not be cheap.

Is there a risk in the insurer stating that the tank was old and nearing the end of its natural life?

If the tank had been a new one, would the flower pot have split it?

Would a repair be possible?

Insurers are notorious for refusing to pay for "betterment", it may be that they want to only contribute a percentage cost of the replacement tank ie of the average tank lasts 20 years and this was already 18 years old, they may offer you a small percentage cost of a new tank.

Whether they will pay anything for resiting, who knows?

Mrs_Chip

Thanks for the explanations!

I think it was negligant to site a heavy pot in a location where it could tip over the edge (there was no retaining wall) into our yard - as he said - thank god it did not fall on someone (not likely, its only a small yard, but not impossible!).

It is an old tank and it could be argued that it would not have split if it had been newer, but how do we know how long it would have lasted if the pot had not fallen on it?

I appreciate that nothing is clear cut, we will just have to see what line they take.

lisyloo

I think it was negligant to site a heavy pot in a location where it could tip over the edge

If the insurer agrees, then you should be ok.
Yes good point about someone being injured.

but how do we know how long it would have lasted if the pot had not fallen on it?

You don't but there are ways of calculating these things.
For example if they say it would be expected to last 20 year and it's lasted 18, then they could say you should be indemnified for the remaining 10% and the the 90% of the expected life you've had. I am pretty sure this isn't done on a "new for old" basis.
This is very tough on people who were quite happy with their knackered sofa/bed/car etc. because it may be literally impossible to get a replacement in the same condition, but I'm afraid they are only obliged to cover the financial value.

I appreciate that nothing is clear cut, we will just have to see what line they take.

Be good if you could let us know :-)

Mrs_Chip

OK, will keep you posted!

Mrs_Chip

Neighbour has just been round to say that his insurers are insistant that if we have not got insurance it is down to us, as the pot fell onto our property. Not quite sure how this logic works?

Now if he was negligent (which he says he wasn't now, the pot was there hen he moved in, I rather think this is irrelevant), I cannot see how the insurance company can say that it is nothing to do with them.

He is going to bring the insurer's details round, but I think he is washing his hands of the whole thing now, as he says he does not have the money to pay and we will have to go to court to get any from him.

silvercar

If you took him to court, he may be able to pass it to his insurers under a liability clause.

lisyloo

Neighbour has just been round to say that his insurers are insistant that if we have not got insurance it is down to us, as the pot fell onto our property. Not quite sure how this logic works?

Liability is not the same as insurance, so I agree their logic isn't right.

You can either write to the insurers direct or take him to court.

geri1965_2

It sounds as if his insurers are unclear about the basis on which you are pursuing your claim against the neighbour.

Write the letter of claim as recommended by Quentin, but add a paragraph making it clear you do not hold your own insurance, give it to the neighbour to send in to his insurers. Hopefully when it arrives it will reach someone who knows what to do with it.

Quentin

lisyloo wrote: »

You can either write to the insurers direct or take him to court.

This isn't so simple!

If you take the "take him to court" option, that is the same as writing to the insurer! (As the neighbour's insurer would deal with the court summons, and defend it if necessary). The OP would have to pay all the court costs up front, and would only get these back were he to win the case in court!

Crazy_Jamie

Regarding the negligence point, how did the accident happen exactly? You mention that he 'knocked' it onto your property, but how did he do that?