Home Insurance - Can I reclaim excess from my neighbour?

olly300

tracey3596 wrote: »

Hmmm .... so as my former neighbour was a maintenance worker for a holiday/caravan site (a large, national company) who's duties involved both gardening and basic maintenance .... :cool:

Doesn't mean anything unless he has a specialist qualification gardening related to trees/hedging.

I've been involved in court cases for a variety of things and unless it's proven that you have specialist qualifications your opinion isn't considered.

Also as I indicated in my first post in regards to civil court cases you need to seem to have tried to alleviate things and be reasonable in doing so. So trimming your side of the over grown hedge and being able to prove it such as having a record of him complaining about it, getting someone else do it for you or you having someone else not related to you say so, would have helped you.

BTW you should click the thanks button for posters who have made helpful postings such as Quentin.

rs65

tracey3596 wrote: »

See, not really going to happen in the real world is it?
Don't you just LOVE insurance?
(No! For me it's a form of legal theft! Prove otherwise in MY circumstances if you can. )

Your frustrations should be aimed at the legal world not the insurance world.

Just_Some_Guy

Or his neighbour, who sounds like a jerk

tracey3596

Please look at:
http://www.justanswer.com/uk-property-law/6v78q-earlier-year-neighbour-informed-leylandii.html

I note particularly "In law, the owner of a property has full liability for any damage caused by anything growing in the garden."

Opinions?

rs65

tracey3596 wrote: »

Please look at:
http://www.justanswer.com/uk-property-law/6v78q-earlier-year-neighbour-informed-leylandii.html

I note particularly "In law, the owner of a property has full liability for any damage caused by anything growing in the garden."

Opinions?

I'm not sure its as clear cut as that. The barristers first response sounded definite then his second was a bit wishy washy. He suggests the insurer will have knowledge - I would've thought the barrister would be a better source.

tracey3596

Does anyone have any experience of reclaiming an excess from a neighbour?

Quentin

To get the ball rolling you need to write a letter asking for them to reimburse your costs which you have incurred over their negligence. Enclose copies of the receipts.

Then take it from their reply.

If they ignore you or tell you where to go, then you need to decide whether you are prepared to pursue this through the court.

This will involve you in expense that you can only recover if you win the case (and the defendant can pay you themselves if it turns out they have no insurance)