Neighbour's Wheelie Bin Damaged my Car

marlot

MercOwner wrote: »

... Not sure what to do next.

Stop making up stories?

EdGasket

MercOwner wrote: »

Not sure what to do next.

I thought you were going to go for the small claim regardless? You may as well now to satisfy yourself and to clarify the position otherwise the same thing could happen again next time its windy.

If I were a judge I think I'd say both sides pay half as there is some onus on the neighbours to make sure their belongings do not cause damage but on the other hand the high wind is more an 'act of god' so tough.

EdGasket

Aretnap wrote: »

Get the car fixed, get comprehensive insurance in future, and chalk it down to experience. Oh, and hope you never need a favour from your neighbour.

How would comprehensive insurance have helped? After paying the excess and losing no-claims and having to declare the claim for years to come, the loss would in all likelyhood be greater than £539.99 anyway going down the insurance route.

nidO

EdGasket wrote: »

How would comprehensive insurance have helped? After paying the excess and losing no-claims and having to declare the claim for years to come, the loss would in all likelyhood be greater than £539.99 anyway going down the insurance route.

Avoiding cutting off his own nose to spite his own face doesn't seem to be the OP's strong point though.

Aretnap

EdGasket wrote: »

How would comprehensive insurance have helped? After paying the excess and losing no-claims and having to declare the claim for years to come, the loss would in all likelyhood be greater than £539.99 anyway going down the insurance route.

Perhaps, but if £540 is too much money for him to bear, how's he going to cope when something really bad happens to his car?

dacouch

Credit to the OP, most people in his position would not come back and update the thread which leaves it without an ending and not helpful for anyone in a similar position (On either side) who googles it.

Thanks for the update Mercowner, be sure to post any further updates

undaunted

If it's not on a letterhead it probably isn't (officially?) written by a solicitor at all - it's not like a bright person couldn't google for such information.

You just have to decide whether to chalk it down to experience or take a punt on making & winning a small claim for negligence. They then have to respond to it officially (if they do you'll possibly have to go to a preliminary hearing - where I reckon each of you would likely be encouraged to mediate - which wont cost you anything & the courts a lot less) if they didn't defend it at all you'd probably get judgement by default.

https://www.citizensadvice.org.uk/law-and-rights/legal-system/taking-legal-action/small-claims/

MercOwner

undaunted wrote: »

If it's not on a letterhead it probably isn't (officially?) written by a solicitor at all - it's not like a bright person couldn't google for such information.

You just have to decide whether to chalk it down to experience or take a punt on making & winning a small claim for negligence. They then have to respond to it officially (if they do you'll possibly have to go to a preliminary hearing - where I reckon each of you would likely be encouraged to mediate - which wont cost you anything & the courts a lot less) if they didn't defend it at all you'd probably get judgement by default.

https://www.citizensadvice.org.uk/law-and-rights/legal-system/taking-legal-action/small-claims/

That seems sensible. Then I might not have to go to a full Court trial and if they're encouraged to mediate, they might be more reasonable and at least split it with me.:j

lisyloo

and if they're encouraged to mediate, they might be more reasonable and at least split it with me

They are not liable full stop.

You seem to be believing a poster who says what you want to hear.
What are his qulification to give opinions on legal matters - apart from saying what you want to hear?

Going to the small claims will cost you money.
Not much but it's money down the drain.
It'll also cost you half a day off work.
It will also cost your neighbours half a day off work so not the best way to get them on-side.

IMO - a judge will throw it our as they are clearly not liable.

undaunted

I have not professed to be a solicitor, nor have I offered anything other than a balanced view - referring to a punt (ie may win, may lose the court costs) and entirely factual references - unlike the opposing views here who have offered utter nonsense and prejudice at times!

As you seem to wish to pontificate despite the spelling / grammatical errors and assumptions (we do not in fact know either Mercowner or the neighbours working hours), what are your own qualifications for offering this view / deciding that you alone & not the Judge will determine negligence or lack of on the part of the neighbour?