chimney from next door has damaged my car

geordz101

You seem to be assuming guilt where none is proven (or at least not obvious to us from your post).

lisyloo, as I explicitly stated 'I am not trying to say they are negligent' so where am I assuming they are guilty without proof??

I openly accept I know little of the legal standings, hence I'm on this forum. However, I have been given some good advice from yourself and others here which confirm what defines liability, so thank you all. I will go back and ask them to provide inspection reports prior to 3rd Jan, which will substantiate whether they are a responsible owner, and if they can't I can think about taking things forward.

thank you again

regards
David

raskazz

ROY47 wrote: »

I hold my hands up

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

I think you should hold your hands up and leave the thread while you're at it.

It isn't even a matter of "insurance law", the situation is the result of English tort law.

chanz4

My trampoline hit nextdoors car, the insurance dont cover weather caused accidents like it. So afraid no not liable

vaio

it's not black and white, it's to do with what a reasonable man would know/do or should know/do.

Your trampoline blew into next doors car and you didn't pay because it was unforeseen. If it happens again then it could well be a different story because you should now be aware of the possibility of it blowing away and if you don't take "reasonable" steps to prevent it then that's negligence and you'll have to pay

Further, if the first occasion had involved my car I'd be getting hold of a copy of the instructions for your trampoline to see if they recommended pegging it down and if they did and you hadn't the I'd be chasing you rather than claiming on my own insurance

chanz4

vaio wrote: »

it's not black and white, it's to do with what a reasonable man would know/do or should know/do.

Your trampoline blew into next doors car and you didn't pay because it was unforeseen. If it happens again then it could well be a different story because you should now be aware of the possibility of it blowing away and if you don't take "reasonable" steps to prevent it then that's negligence and you'll have to pay

Further, if the first occasion had involved my car I'd be getting hold of a copy of the instructions for your trampoline to see if they recommended pegging it down and if they did and you hadn't the I'd be chasing you rather than claiming on my own insurance

No my insurance didnt pay, I did as a good neighbour

chanz4

vaio wrote: »

it's not black and white, it's to do with what a reasonable man would know/do or should know/do.

Your trampoline blew into next doors car and you didn't pay because it was unforeseen. If it happens again then it could well be a different story because you should now be aware of the possibility of it blowing away and if you don't take "reasonable" steps to prevent it then that's negligence and you'll have to pay

Further, if the first occasion had involved my car I'd be getting hold of a copy of the instructions for your trampoline to see if they recommended pegging it down and if they did and you hadn't the I'd be chasing you rather than claiming on my own insurance

So what if a wheelie bin blew into your car, they dont come with instructions. But they do blow over and hit things