wall fall on neighbour's car, how to claim

goldmask

The side wall of my garden was blown down by the strong wind last night. Unfortunately some bricks hit my neighbour's car. Nothing serious, but I have already told my neighbour to take some pictures before I moved the bricks. I am wondering whether anyone has experience to claim the damage to neighbour's property using your own homw insurance. I am calling the insurer (esure) now, but was on hold for half an hour now. Can anyone has simlar experience share their story?

kingstreet

Unless you were negligent in some way in leaving your wall in a condition you knew was in need of repair, the claim should be on the "victim's" car insurance, not your home insurance.

goldmask

kingstreet wrote: »

Unless you were negligent in some way in leaving your wall in a condition you knew was in need of repair, the claim should be on the "victim's" car insurance, not your home insurance.

Thanks a lot for the reply. Maybe I will offer some money to my neighbour to compensate for his inconvenience. The damage is just cosmetic, I don't think he will bother to claim his own insurance.

Spikey1

If your wall was in reasonable condition you are not to blame at all for the fact it blew over in storm force winds. YOU are the victim of the storm just as much as the car owner is. You have a wall repair to pay for (or claim for)...your neighbour has a car repair to pay for (or claim for).


You are under no obligation to make any payment whatsoever. In fact by doing so you may be risking much more than you think. First of all, by making a payment it may be perceived that you have accepted that you were at fault. That being the case, if the car repairs are much greater than you think your neighbour may expect you to pay for the rest of the bill too.


Best wishes

Quentin

goldmask wrote: »

Thanks a lot for the reply. Maybe I will offer some money to my neighbour to compensate for his inconvenience. The damage is just cosmetic, I don't think he will bother to claim his own insurance.

That would be his decision.


You shouldn't offer any compensation though, as it will be seen as an admission of responsibility/liability, and you have neither!


It's an act of God type incident which is a reason for taking out comprehensive insurance as there is no-one liable.

goldmask

After I received the advices here, I wrote a letter to my neighbour advsing him that I am not legally responsible or liable to the damage to his car. I recevied a reply today. I was told that he did not accept my position and he THOUGHT that I need to have insurance coverage for public liability for this kind of incident. Most surprisingly, I was told that my wall has collapsed 10 years ago in the same way. I only owned this house for two years, and the previous owner owned it for another 5-6 years. So neither of us knew the previous incident. Does this change the scenario if he or his insurer bring my to the court?

rs65

goldmask wrote: »

Does this change the scenario if he or his insurer bring my to the court?

Nothing he has said makes you negligent in any way.

Presumably the wall was rebuilt by the previous owner so that part is irrelevant.

Having PL insurance is also irrelevant. Its not for this kind of incident - its for when you are negligent.

dacouch

He who asserts must prove.

Ask him to provide proof of negligence

rs65

dacouch wrote: »

Ask him to provide proof of negligence

And ask him, if he thought the wall may fall, why did he park his car there.

fed_up_and_stressed

My car was damaged in the winds in a council run carpark as there was no negligence by the council i can't claim off them.

Its like those signs you see in car parks that cars are parked at owners risk (unless negligence is cause). Sorry but your neighbour has no grounds here to sue you.

Quentin

goldmask wrote: »

..... Does this change the scenario if he or his insurer bring my to the court?

No.

They need to prove your negligence. And your "ignorance" of the history of the wall isn't negligence!

He is wrong to say you should have insurance (even if you did, they will take the same stance!)