chimney from next door has damaged my car

geordz101

Evening all,
I'm hoping someone can offer me help. At the start of January during the high winds, the chimney came off the tenement of flats adjacent to my own. A large piece of masonry has badly damaged the door, to the tune of £1000 (it's a leased car so has to fixed through the dealer).

I contacted the property management company that day to make a claim against them. They said they would not pay out. I was then told by a solicitor to write to them with the photographic evidence. They wrote back again saying they had taken advice on the matter and would not be paying out. The solicitor had also said, if I got nowhere, then to claim through my own car insurance. Unfortunately I have a £650 excess and so woudl have to be certain that my insurance company woudl pursue them and wind so at least i'd get my £650 back albiet with a claim on my insurance. It is therefore not financially worthwhile going through my own insurance. Also the principle of the matter is that I feel they should have some form of public liability insurance in place that would pay for these types of genuine claims. If the masonry had hit a passer-by, could they also get away without paying out any medical claims?

I have spoken to few people who basically say I cannot claim against them as I woudl have to prove they were negligent in not maintaining their chimney. I could understand this if it was a neighbour vs neighbour. However, this is a property management company deriving an income from a block of flats.

I'm hoping someone can help me with some sound advice on where I stand on the issue?

sorry it went on a bit!

kind regards
David

Quentin

geordz101 wrote: »

I have spoken to few people who basically say I cannot claim against them as I woudl have to prove they were negligent in not maintaining their chimney. I could understand this if it was a neighbour vs neighbour. However, this is a property management company deriving an income from a block of flats.

I'm hoping someone can help me with some sound advice on where I stand on the issue?

All these people have given you sound advice.

So you either make a claim off your own insurance or stump up yourself.

lisyloo

If the masonry had hit a passer-by, could they also get away without paying out any medical claims?

If it's a pure accident then they are not liable so yes they'd "get away" with it it. Although there is nothing to get away - as they haven't done anything wrong if it was freak winds and a pure accident.
No Insurance will pay out where there is no liability.

If there was negligence and you could prove it then there would be a case.
So if small parts had fallen off the chimney before and you had written and warned them and they did nothing then they would be liable.
Generally it's very hard to show negligence as you'd have to prove they knew about it and did nothing. It especially hard if it was freak weather as the mostly likely cause is the weather.

Sorry, but this is a pure accident so it's down to you to be insured for this kind of accident.

ROY47

The world of insurance is a complete and utter rip off !

To me this sounds like a genuine case of claim off next doors insurance !

It was their chimney pot or bits of it that caused the damage to the car irrespective of the wind speed , they should pay out

To me, never mind proving they were negligent in not maintaining their chimney !! It was their chimney that did the damage full stop !! so it obviously wasn't maintained properly

Where has logic gone ??

p.s. what car is it to do £1000 of damage to a door ? :eek:

geordz101

Thanks for the info thought I'd put it to a wider audience for confirmation. I'm not trying to say they were negligent but the fact is winds dislodging a chimney stack is a real risk and I thought a company deriving and income from such a building would need to be covered for such incidents or at least legally required to carry out routine maintenance visits, otherwise it is not in the interest of a company to maintain their buildings as it ultimately impacts their profits. Granted I'm sore that I have to save up a grand to fix the problem, but it does seem that there is no pressure on the company

Dave

InsideInsurance

ROY47 wrote: »

The world of insurance is a complete and utter rip off !

Unfortunately you are confused, this is not the world of insurance but the world of law.

Liability insurance pays out what their clients are legally liable for (subject to terms and conditions). In this case the issue isnt the terms and conditions but that the owner of the property isnt legally liable.

For someone to be liable you, generally, have to prove they have been negligent (doing something a reasonable person wouldn't do or failing to do something a reasonable person would do). In this case therefore negligence would have to revolve around the failure to properly maintain the chimney and that they'd have known about it and would have reasonable chance to fix it. There are very few torts in English law that have strict liability (ie you are "guilty" until proven innocent)

lisyloo

The world of insurance is a complete and utter rip off !

No it's the law in the UK.
You are not liable for freak weather.
The law says you are only liable if negligent.
Of course the insurers aren't going to pay out when you aren't to blame.
Would you like your insurer making lump sums to other people at your expense just to be nice? I would guess not.

It was their chimney that did the damage full stop !! so it obviously wasn't maintained properly

Sorry, but this isn't correct.
If your car got picked up by a Tornado would you say that was you fault because you didn't anchor it down to withstand Tornados.
Sorry but you are out of step with the law.
It's not considered negligent in UK law if something breaks or flys around in extreme weather.

lisyloo

but the fact is winds dislodging a chimney stack is a real risk and I thought a company deriving and income from such a building would need to be covered for such incidents or at least legally required to carry out routine maintenance visits

You seem to be assuming guilt where none is proven (or at least not obvious to us from your post).
Do you have any evidence that they didn't do the appropriate inspections or failed to maintain the chimney? You certainly haven't provided it so far.
If you do have any evidence then you may have a case and may be able to claim off them.

We had tiles fall off a roof at work and smash into some cars.
Turns out they had had an inspection recently so they could prove their innocence.

Sorry, but it comes across as you are assuming guilt without evidence becuase it suits you to do so.
How do you know there inspections/maintainance wasn't meticulous?

but it does seem that there is no pressure on the company

They have to abide by the law regarding inspections/maintanance.
If they haven't then you can of course make a claim.

Have you asked for their records or when they last did an inspection or maintenance?

ROY47

I hold my hands up

I am totally out of step with get out clause insurance law

I wonder how many of you who told me I am wrong would lay down and claim off your own insurance if the same happened to you ?

I would fight it all the way if it was me

as the saying goes " the law is an a.. " when it comes to insurance

Quentin

ROY47 wrote: »

I wonder how many of you who told me I am wrong would lay down and claim off your own insurance if the same happened to you ?

I would fight it all the way if it was me

The OP got sound advice prior to coming here where it was confirmed.

Your posts shooting the messenger and simply urging "fight it" don't help him!!

Dangermac

ROY47 wrote: »

I hold my hands up

I am totally out of step with get out clause insurance law

I wonder how many of you who told me I am wrong would lay down and claim off your own insurance if the same happened to you ?

I would fight it all the way if it was me

as the saying goes " the law is an a.. " when it comes to insurance

You're making yourself look rather silly.

Next door's house insurance will include liability cover. The clue with liability cover is in the name (liability). Next door and/or their insurer will respond to their legal liability in respect of the damage caused.

By law, generally, you arent liable for damage caused unless you have been negligent.

If the law says that next door are legally liable for the damage, caused, then next door or their insurance will pay accordingly.

Nothing to do with insurance law whatsoever

DM