Builders Materials damaged my car during winds....

tarquinkrikery

Hi all,

First post, hope someone can help. I have a new build home on a development which is still being built. A few weeks ago in the high winds we had (in Norfolk anyway), the gates for the development blew down and some black roofing material flew down the street and into the front of my car scratching the bonnet - badly enough that it needs a respray. Luckily some neighbours heard the noise in the middle of the night and went outside and saw the massive sheet wrapped around my car and took pics along with pics of the damage etc.

I've contacted the house builders whom told me that the materials which caused the damage belong to a groundworks contractor. Initially all was ok as the site manager passed my details onto the groundworks company who said they'd contact their insurers etc.

I've been chasing for a few weeks now (about 3 1/2 I think) and today I've been told that the company doesn't believe their Public Liability insurance covers damage caused by storms etc.

I'm wondering if this is the norm or if I can argue that their suppliers were not appropriately stored away which allowed them to blow down the road and damage my vehicle?

The company involved have suggested that I contact my insurance company in the meantime if i'd like a swift resolution- but TBH i don't really want to speak to them yet as a) I'll have a nice excess to pay which will poss be as much as a respray and b) I don't want to risk my NCB!

Anyone know what my options are or can offer some advice?

Thanks in advance.

InsideInsurance

You need to prove that they were negligent, ie how they were storing the item was inappropriate. Just because it hit your car isnt proof enough itself.

Was the weather particularly bad? Was there any prewarnings of storms?

Quentin

You need to prove negligence to get them to have to pay.


Otherwise make a claim (in which case your insurer will deal with the third party over any negligence and if successful you will be able to reclaim your excess off the third party and your NCD reinstated), or pay your own repairs

tarquinkrikery

Yes it was the 29th March when the UK was even put on Tornado alert I think. But generally the feeling was gale force winds of around 40-50mph.

Surely that would suggest negligence i.e warning of severe weather so they should have secured the materials away?

InsideInsurance

If there was national coverage of warnings for high winds then absolutely that help establish that they should have taken extra precautions but that isnt to say they hadnt. Do you know where it was/ how it had been stored prior to the winds?

tarquinkrikery

Just had a look and yes Yellow Warnings/Alerts were put out by Met Office on the day of and after the damage happened to my car. Does that make a difference?

tarquinkrikery

You must has replied at same time as me! lol.

Cheers, I don't know where/how it was stored other than it was in the 'building site' area of the development unfortunately. I'm not sure whether to push their insurance broker (i have his name) and claim negligence with PLI should cover - or try take them to small claims court it they get funny!

InsideInsurance

Civil law works on the balance of probability and so your argument will be that there were well publicised warnings of gale force winds and clearly they had not taken reasonable precautions to ensure that the materials were appropriately secured against the winds. Without knowing how it was stored your having to rely on an assumption.

They may come back with a statement of how it was stored, what processes they've in place to ensure things are correctly secured and what state it was found in the morning.

Ultimately it comes down to who creates the more believable story. If for example they claimed they were stored in a shed but the shed was broken into that night and there is a police report of the break in from before you notifying them of your losses then your case starts looking weak.