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Storm damage on my house has damaged third party car

During recent gales and storms a couple of weeks ago, a flat roof on my loft extension was blown off and some of it landed on my neighbours car causing damage.
My home insurance has agreed to pay for cost of repair to my roof but is refusing to pay for any damage to the neighbours car. They say they could only pay out for my neighbour if negligence can be proved on my part, in that my roof was in a bad state of repair before the storms took it off. Well they can't do that because they have agreed to pay for my repairs.
Included in my policy I have cover for personal legal responsibility to others, which says that cover for accidental damage to material property not belonging to me or my household or for which I am not responsible that arise from any claimarising from one event is covered up to £2,000,000.
Surely my insurance company is not honouring the contents of the policy cover. Does my neighbour have to majke a claim against me or my insurance company?

Comments

  • prowla
    prowla Posts: 13,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    That seems completely the wrong way about: they will pay if you were negligent, but not if you were a responsible and kept your property in good shape!
  • Quentin
    Quentin Posts: 40,405 Forumite
    gja wrote: »
    Does my neighbour have to majke a claim against me or my insurance company?


    Your neighbour has no valid claim against you (as you have not been negligent).

    He can make a claim off his own car insurance (assuming he has comprehensive cover), otherwise he has to pay for repairs himself.
  • I want to remain on good terms with my neighbour. If he claims on his car insurnace he has to pay a £200 excess and he loses his NCB which probably means another £200 he is out of pocket for something that is neither his fault nor mine.

    In cases like this surely personal legal liability covers these circumstances hwere my neighbour makes a claim against me and my insurance policy pays out.
  • raskazz
    raskazz Posts: 2,877 Forumite
    gja wrote: »
    I want to remain on good terms with my neighbour. If he claims on his car insurnace he has to pay a £200 excess and he loses his NCB which probably means another £200 he is out of pocket for something that is neither his fault nor mine.

    In cases like this surely personal legal liability covers these circumstances hwere my neighbour makes a claim against me and my insurance policy pays out.

    That's precisely the point - if the roof was maintained to a reasonable standard, there is no liability.

    If you want to give your neighbour any money to cover the costs then that is a gesture of goodwill. Insurers will not cover random acts of kindness!
  • rs65
    rs65 Posts: 5,682 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Combo Breaker
    gja wrote: »
    =
    In cases like this surely personal legal liability covers these circumstances hwere my neighbour makes a claim against me and my insurance policy pays out.
    Legal liability is the important bit. If you weren't negligent then you are not legally liable.
  • maginot
    maginot Posts: 484 Forumite
    Part of the Furniture Combo Breaker
    As has been mentioned by posters, you have to claim off your own insurance in cases like this as there is no liability (unless they want to sue God or Mother Nature - but not sure they have insurance either).

    For a third party to claim on your insurance you would have to be to blame e.g. Poor maintenance, not the weather. You probably had to pay an excess and it wasn't your fault, they will have to claim on their insurance and pay an excess also.

    If you want to keep on good terms you could offer to pay their excess but insurance companies pay out for liability not to make friends.
  • For your neighbour to have a claim against you then your neighbour would have to prove one of two things:
    • You caused the wind and thus damaged his car
    • You negligently maintained your roof and thus damaged his car
    You aren't God so the first doesn't apply and you weren't negligent so the second doesn't apply. So your neighbour has no case against you and your insurer won't give them a penny.

    The car damage was one of those things that are totally random and nobody's fault. It's his problem, not yours.
  • lisyloo
    lisyloo Posts: 29,883 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As other's have said it's no-ones fault so it's his problem.
    If he wants cover against random acts of nature he needs full comp insurance for his car.
    It's up to you if you want to be kind to your neighbour out of your own pocket, but it's not up to you to maintain his car.
    Imagine if his car was hit by a wild animal. It wouldn't be up to you to fix it. It's unfortunate that the material came from your house, but it's not your fault for being there !! he chose to park near your roof in a storm.
    I appreciate it's difficult for neighbourly relations, but no your house insurance does not cover his car against flying objects, he needs to provide insurance for that not you.
  • Quentin
    Quentin Posts: 40,405 Forumite
    gja wrote: »
    I want to remain on good terms with my neighbour. If he claims on his car insurnace he has to pay a £200 excess and he loses his NCB which probably means another £200 he is out of pocket for something that is neither his fault nor mine.

    In cases like this surely personal legal liability covers these circumstances hwere my neighbour makes a claim against me and my insurance policy pays out.

    You are right up to a point.

    If your neighbour makes a claim against you, your personal legal liability cover will act for you, and reject the claim (not simply "pay out", as you are not legally liable!)

    Your neighbour should be sorting this out himself (and discovering the situation himself, without using any "remain on good terms" cards against you!)
  • You are quite lucky that your insurers have agreed to repair/replace your roof either a) without inspecting it or b) without asking you for a contribution towards betterment.

    A roof is not expeced to "blow off" due to high winds, if the roof was old and in need of repair (whether you knew or not) you would be responsible and ironically your insurers would decline to pay your claim but if your negligence was confirmed the insurers would be obliged to settle the claim from the car owner - so your insurers would either way only be settling one claim.

    The car owner needs to involve his own insurer and they in turn may attempt a recovery of their outlay from you/your insurers. Good Luck
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