Third Party Damage (flying fence panels)

Luckystar7

Hi there,

during last week's severe gales, two of my Mother-in-Law's 6' wooden fence panels were blown out of their concrete posts. They flew across the road and have damaged her neighbours car which was parked on their drive, and the sill / frame of one of the bungalow's windows.

There is a much confusion over who is liable for this damage. The neighbours have apparently spoken to their car insurance company who have said they are not covered (presumably they only have third party cover?). My Mother-in-Law has spoken to her house insurance company but they are reserving comment pending receipt of a written report, damage estimate and, ideally, photographs from her.

Can anyone please clarify for me:

1) Who's responsibility is it to actually make a claim here? Other than the fence panel (approx £30 each) my Mother-in-Law has suffered no loss and would not make an insurance claim for such a small amount. Is the onus on the neighbours who have suffered the damaged car to make a claim, and if so, against who?

2) The damaged fence is in the driveway of my Mother-in-Law's bungalow and forms part of the right hand (looking from the road, towards the property) boundary between her drive and her (different) neighbours drive. Does this adjoining neighbour share any responsibility over this incident, as they have avoided involvement so far?

Thanks in advance,

L.

dacouch

What condition was the fence prior to the storm?

Was it well maintained?

Luckystar7

dacouch wrote: »

What condition was the fence prior to the storm?

Was it well maintained?

I don't know how old it was but it was in fairly good condition, maybe in need of a coat of creosote, but no broken slats, or anything. The remaining panels all seem to be secure. The panels had never come out before in high winds, although last week's storm was exceptionally bad - several people in the road also lost fence panels, bins and roof tiles.

Regards,

L.

dacouch

The way the law works is for the neighboor to be able to sue you, they would have to prove you were negligent. This would generally be that the event was "reasonably" avoidable.

If the fence was in a poor condition it may mean you were negligent as by maintaining it the accident may have been avoidable.

If the fence was in a good condition and the damage was caused by an exceptional event then you will probably not be liable.

Your Home Insurers will normally cover you for liability which will be worded along the lines of "Liabilities you are legally liable for" eg what a court of law would deem you to be negligent in.

By the sounds of it you are not liable assuming it was very high winds eg over 55mph