laws on walls next to public footpath/roads

G_M

If the wall owner has knowlingly allowed the wall to fall into disrepair, and as a result it fell causing damage to your car, the wall owner may be liable.

You could

* write to the owner enclosing your repair bill and request payment
* make a claim on your car insurance, and try to pursuade your insurer to claim against the wall owner (so as not to adversely affect your insurance and to claim back the excess)
* use the legal cover extension on your insurance, if you have it, to claim against the wall owner

eddddy

In general, you can make a claim against somebody if you can show they have been negligent (on the balance of probabilities).

I discussed a similar type of claim with a lawyer, and he suggested the following:

Well built, well maintained walls don't fall over. So in the absence of any other evidence, a court might find that, on the balance of probabilities, somebody was negligent (probably the wall owner).

So the onus would be on the wall owner to provide enough evidence to shift the balance of probabilities.

e.g. There was an exceptional gust of wind.

So you could make a claim against the wall owner, and see if he/she comes up with plausible evidence of why they weren't negligent.

agrinnall

Here's the back story.

https://forums.moneysavingexpert.com/discussion/5214466

tasharthur

yeah that's my thread lol! I know most of you say leave it, but I cant, no one has any idea how difficult life has been for me since. im not letting it go - people have sued people and won for far less claims. Yes you say its only a car, but its my independence and my transport for my children.


Anyway ive now found data about the wind speed for that night and it was no way strong enough to knock over a wall so the wall had to have had defects! but thanks for all your help everyone - now to make the case watertight!

lincroft1710

A defect is not the same as disrepair.

If the wall had insufficient foundations, this might never be discovered until the wall collapsed. The owner of the wall may never have known about this, especially if the wall was erected prior to their ownership.

If you believe the owner of the wall was negligent, there is nothing to stop you pursuing them, but this will not be a speedy process and if they deny liability, you will have to prove negligence. If they are sensible they would refer any legal action by yourself directly to their home insurer.